Restrictive Trade Practices

Posted by briandwest (493 days ago)

Can anyone advise on the following issue that was raised in the Practical board as it's a very interesting one:

Ed said:
"We currently have only one Man with a Van as our exclusive so cannot post info about his competitors. [any posts giving info about competitors are deleted]"

St Kilda Beach said:
"Not sure about Hong Kong, but in Australia it is illegal to restrict trading via advertising or any other interpretation.
If what was admitted here about advertisers dictating that other competitors cant advertise on the same page, if that happened in Australia, you would have ASIC crack down on you with the full weight of law and crippling fines awarded."

(I am based in Hong Kong)

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Posted by Ed (493 days ago)

FYI: media have no obligation to accept ads - FYI: we were turned down when we tried to advertise on the SCMP online...

As for man with a van, we will be expanding this by two or three - if you know any suitable ones please let us know... main criteria: they must have good english and they must not handle international moves...

ASIC: no idea what this is but I dont think you have interpreted it correctly... I doubt you will ever see two banks or airlines with an ad on the same page of any publication - they simply dont do it... just as they dont like to have their banners running on the same page of a web site.... nobody is forcing their competitors off... all they will say is if you are going to run a competitor on the same page then they will take their ad budget elsewhere... I dont think you would get far trying to fine someone because of this... And as far as exclusivity goes, if a media decides to offer this to one client in an industry I dont think anybody can do anything about it...

(I am based in Hong Kong)

Posted by briandwest (492 days ago)

The West Indies cricket team got into a right old mess last year because the player's sponsors were a direct competitor of an event sponsor. The West Indies cricket board tried to force the players to not promote their individual sponsors during the tournament and promote the competitor instead.
Can't remember the outcome of the negotiations, but I guess that the players lost!

(I am based in Hong Kong)

Posted by saobiscuit (484 days ago)

Do not come from a legal background, but does not seem as though a forum purporting to be a free exchange of ideas and information can censor that information on the basis of paid advertising.

(I am based in Hong Kong)