Federal Court of Australia
" JUDGMENT No. 14a 31
CATCHWORDS
TRADE PRACTICES - Monopolization - Sole manufacturer of Y-bar for own purposes of manufacturing star picket fence posts - refusal or "constructive refusal" by manufacturer to supply Y-bar for similar use by appellant company - whether such refusal constitutes taking advantage of power in relation to a market for
the purposes stated in s.46 Trade Practices Act 1974 - definition
of "market" - whether a "market" in Y-bar exists - the use of United States authorities in construing s.46 - "essential
facility" doctrine considered.
Trade Practices Act 1974 (Cth), s.46.
QUEENSLAND WIRE INDUSTRIES PTY. LIMITED v. THE BROKEN HILL PROPRIETARY CO. LIMITED & ANOR.
QLD G173 OF 1987
Bowen C.J. Morling J. Gummow J.
Brisbane 24 December 1987
- 4 JAN1988
FEDERAL COURT OF , } AUSTRALIA oof
" PRINCIPAL _ oF REGISTRY .
IN THE FEDERAL COURT OF AUSTRALIA) )
) No. G 173 of 1987 ) )
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
On appeal from a single Judge of the Federal Court of Australia
BETWEEN: QUEENSLAND WIRE INDUSTRIES PTY.
LIMITED Appellant
AND: THE BROKEN HILL PROPRIETARY CO. LIMITED First Respondent
AUSTRALIAN WIRE INDUSTRIES PROPRIETARY LIMITED
Second Respondent COURT: BOWEN CJ, MORLING & GUMMOW JJ DATE: 24 DECEMBER 1987 PLACE: SYDNEY.
MINUTE OF ORDER
THE COURT ORDERS THAT: 1. The Appeal be dismissed with costs.
2. The Cross-Appeal 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) )
) No. G 173 of 1987 ) )
QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION
On appeal from a single Judge of the Federal Court of Australia
BETWEEN: QUEENSLAND WIRE INDUSTRIES PTY. LIMITED Appellant —
AND: THE BROKEN HILL
PROPRIETARY CO. LIMITED First Respondent
AUSTRALIAN WIRE INDUSTRIES PROPRIETARY LIMITED
Second Respondent
COURT: BOWEN CJ, MORLING & GUMMOW JJ DATE: 24 December 1987 PLACE: BRISBANE
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate