Trade Practices Commission v Massey Ferguson (Australia) Ltd [1983] FCA 164

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IN TRE FEDERAL COURT OF AUSTRALIA

VICTORTA DUSTRICT REGTSPRY VG No. 126 of 1980

,

GERNRAL DIVISLON

Ex TEMPORE JUDGMENT

Between: TRADE PRACTICES COMMISSION

, (Applicant)

And: MASSEY FERGUSON (AUSTRALIA) LIMITED

(Respondent)

Coram: Smithers J.

29 June 1983

RECEIVE 29 SUL as

FEDERAL count of SSTRALIA

REASONS FOR JUDGMENT

This is a proceeding by the applicant aga

respondent in respect of a breach of s.47(1) of the Trade

Practices Act 1974 (the Act).

The proceedings were commenced in October 1980. The offence then alleged was that between October 1977 and February 1978 the respondent had been guilty of the practices of exclusive dealing and had engaged in the relevant conduct

for the purpose and with the effect or likely etfect of

substantially lessening competition in the relevant market.

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2.

By an amended Statement of Claim filed on 28 June 1983 the applicant alleges three items of conduct constituting incidents within the meaning of the phrase "the practice of exclusive Gealing"". By paragraph 6 of the amended statement

of claam it is alleged that:

"The engaging by the Respondent in the conduct specified in each of paragraphs 3, 4 and 5 being conduct of the same or a similar kind was likely to have the effect of substantially lessening competition in the wholesale market in Australia for agricultural tractors and/or headers."

It is to be observed that no allegation is made that the three specified items of conduct had the purpose or effect of substantially lessening competition ain the Australian wholesale market for tractors and agricultural headers. To the amended Statement of Claim the respondent