ACCC settles case against Showmen's Guild

The Australian Consumer and Competition Commission (ACCC) has advised that the Showmen's Guild of Australasia is to be restrained from discouraging showmen from taking part in 'non-guild' shows following injunctions made by Justice Peter Graham in the Federal Court, Sydney.

The injunctions are part of a settlement of the ACCC action against the Guild, eight members and their associated companies for conduct alleged to breach the Trade Practices Act 1974 and the Competition Code of NSW. 

In addition the court:

• Declared that the Showmen's Guild had breached section 45 of the Act and Competition Code by attempting to induce its members to boycott Cessnock County Fair in 1998
• Granted injunctions for a period of five years restraining the Showmen's Guild and the named respondents from entering into an agreement, arrangement or understanding to prevent, restrict or limit the supply of amusement services to show societies and show organisers or discouraging or dissuading amusement providers by threat, undue harassment or coercion from attending a non-guild show, and
• Order the guild to pay $155,000 towards the ACCC's costs.

The Guild also provided a court-enforceable undertaking to the ACCC that it would:

• Ensure members of its executive undertook trade practices law compliance training
• Notify all of its members when a guild show became a non-guild show and that its members were free to attend and provide services at that show, and
• Publish a notice in the industry's trade magazine outlining the terms of the settlement.

Commenting on the case, ACCC Chairman Graeme Samuel "on reviewing the evidence, in relation to (the) Newcastle (Show), the ACCC did not press its case.

"However, the ACCC regards the conclusion of this matter as being a satisfactory outcome of an extremely complex case".

Samuel added that "the ACCC will continue to monitor the competitiveness of this industry."

Image used for illustrative purposes only.

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