ss. 46 and 47. Alleged misuse of market power and exclusive dealing
5 September 2002: Proceedings were instituted in the Federal Court, Sydney, with the ACCC also taking action against the current and former managing directors of Fila, Mr Craig Reidy and Mr David Carney, for their alleged involvement.
Fila allegedly implemented a selective distribution policy in late 1999 to supply clothing retailers with Fila AFL licensed apparel on condition that these retailers agreed not to stock AFL licensed apparel from Fila’s competitors.
28 April 2003: Justice Hill heard the notice of motion by the first and third respondents to transfer the proceedings to the Federal Court’s Victorian registry and the applicant’s notice of motion to obtain an order for discovery.
8 May 2003: Justice Hill ordered that the matter be transferred to the Victorian registry of the Federal Court. He also ordered that the first respondent give discovery of the categories of documents (as set out in the schedule A to the orders) by 27 June 2003.
5 August 2003: Directions hearing held before Justice Heerey in Sydney made orders setting out a timetable for the progress of litigation.
27 November 2003: A further direction hearing was held before Justice Heerey at which time Fila withdrew its defence to the allegations and the ACCC discontinued its proceedings against Mr Craig Reidy.
9 December 2003: Fila was placed into voluntary administration.
26 March 2004: Penalty hearing held before Justice Heerey concluded that the contraventions were serious and blatant and had extended over a substantial period causing major damage to several businesses. Justice Heerey ordered Fila to pay the Commonwealth a pecuniary penalty of $3 million. The question of injunctions and declarations has been adjourned pending determination of the proceedings against David Carney.
14 July 2004: At this directions hearing the court ordered the second respondent to file and serve any request for further and better particulars of the amended statement of claim by 4 August 2004 and the applicant to file and serve any response to a request for further and better particulars by 4 September 2004. The next directions hearing is scheduled for 8 December 2004. A trial date is yet to be set.
10 December 2004: A directions hearing was held and a further timetable set down. A further directions hearing has been listed for 8 April 2005.
24 March 2005: The court made orders which extended the litigation timetable. At this time the directions hearing to be held on 8 April 2005 was vacated and a new directions hearing was listed for 10 June 2005.
10 June 2005: A directions hearing was held and the court heard that the matter was ready to proceed to trial. No hearing date was fixed on this occasion.
3 August 2005: A case management conference was held. The matter is to be set down for a hearing date.
28 June 2006: The Court made orders which grant the ACCC leave to serve a subpoena on Mr Duncan in the UK.
28 August 2006: The trial against the second respondent, Mr David Carney commenced.
September 2006: The trial against the second respondent, Mr David Carney will resume on 27 November 2006. The parties are to attend court mediation on 30 October 2006.
27 November 2006: The Federal Court declared that between September or October 1999 and November 2000, the second respondent, Mr David Carney was a person involved in a contravention by the first respondent of section 47 of the Trade Practices Act 1974. The court ordered that Mr Carney pay pecuniary penalties totalling $20 000.
