Federal Court of Australia
. di ; ifdqment no. 413...
CATCHWORDS
TRADE PRACTICES - alleged abuse of monopoly power - whether necessary to prove unfairness or predatoriness - use of foreign authorities - definition of market - whether use of extraneous legal right a defence - meaning of taking
advantage for purposes of s.46.
Trade Practices Act ss. 4E, 4F, 46
Queensland Wire Industries Pty. Ltd.
v. The Broken Hill Proprietary Company Limited & Anor. Qld G125 of 1984
PINCUS J. SYDNEY 2 SEPTEMBER 1987
e ~ 2 SEP i987 FED, AL Cour AUSTRALIA OF
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G125 of 1984 GENERAL DIVISION )
BETWEEN: QUEENSLAND WIRE INDUSTRIES PTY. LTD. Applicant
AND: THE BROKEN HILL PROPRIETARY COMPANY LIMITED
First Respondent AND: AUSTRALIAN WIRE INDUSTRIES PROPRIETARY LIMITED
Second Respondent
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 2 SEPTEMBER 1987 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
The application be dismissed.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN _THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G125 of 1984 GENERAL DIVISION )
BETWEEN: QUEENSLAND WIRE INDUSTRIES PTY. LTD.
Applicant
AND: THE BROKEN HILL PROPRIETARY COMPANY LIMITED First Respondent
AND: AUSTRALIAN WIRE INDUSTRIES PROPRIETARY LIMITED
Second Respondent
PINCUS J. 2 SEPTEMBER 1987
REASONS FOR JUDGMENT
This is an application under s.46 of the Trade Practices Act 1974, made by a small company against B.H.P. The applicant's complaint is, in brief, that B.H.P. has misused its power in the market in steel fence posts, and in particular that in the most popular sort of steel fence post, the "star picket". It says that B.H.P., which is of course the dominant Australian steel company, has wrongfully withheld from it the wherewithal to make these fence posts, for the purpose of preserving B.H.P.'s monopoly in them. I have, despite the very able arguments advanced for the
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