Federal Court of Australia
, Auocment No. 4.90y_===
CATCHWORDS
TRADE PRACTICES - Denial of supply of ski boots to retailer engaging 1n cut-price sales in warehouses, public halls, etc - Alleged monopolization - Definition of market - Whether respondent has a substantial degree of power in the market - Purpose of respondent in denying supply - Alleged exclusive dealing - Reason for refusal to supply - Whether refusal was to place of sale or method of selling - Whether refusal of supply had the purpose or effect of lessening competition - Alleged price discrimination - Special concessions allowed to two retailers - Whether these concessions had, or were likely
to have, the effect of lessening competition.
Trade Practices Act 1974 ss.4E, 4F, 46, 47, 49, 84.
»
NSW G.588 of 1987 MARK LYONS PTY LIMITED v_ BURSILL SPORTSGEAR PTY LIMITED
Wilcox J Sydney 25 August 1987
2 5.AUNG 1987
t \ FEDERAL COURT OF lad ») AUSTRALIA
3 x . PRINCIPAL A AEGISTAY Ss KY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. NSW G.588 of 1987
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GENERAL DIVISION
BETWEEN: MARK LYONS PTY LIMITED
Applicant
AND: BURSILL SPORTSGEAR PTY LIMITED
Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 25 AUGUST 1987
REASONS FOR JUDGMENT AS TO LIABILITY
This claim is brought under Part IV of the Trade
Practices Act 1974, reliance being placed upon each of ss.46, 47 and 49 of that Act. The case concerns the supply of Salomon "alpine" ski boots to the applicant, Mark Lyons Pty Limited, a Sydney-based ski equipment retailer, by the respondent, Bursill Sportsgear Pty Limited, the Australian distributor of equipment manufactured by Francois Salomon et Fils SA of France. Alpine ski boots are boots suitable for
downhill, as distinct from cross-country, skiing.
Pursuant to an application made by both parties, the Court directed that the issues relating to liability be tried before the issues relating to relief. These reasons deal only
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