Trade Practices Commission v Australia Meat Holdings Pty Ltd & Ors [1988] FCA 338

JUDGMENT No. 388.452.

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. NSW G.92 of 1988 )

GENERAL DIVISION )

BETWEEN: TRADE PRACTICES COMMISSION

Applicant

AND: AUSTRALIA MEAT HOLDINGS PTY LIMITED

First Respondent

THOMAS BORTHWICK & SONS

(PACIFIC HOLDINGS) LIMITED.

SS

Second Respondent BORTHWICKS PLC Third Respondent

THOMAS BORTHWICK & SONS (UK) LIMITED

Fourth Respondent

CORRIGENDUM

Corrections to the judgment of his Honour Justice Wilcox of 15 July 1988: page 2 In the first line, please substitute "(Australasia)"

in lieu of "(Australia)" there appearing;

page 3 In the second last line, please substitute "sub-s.(1A)" in lieu of "sub-s.(2)" there appearing;

and

BBE ee

CATCHWORDS

TRADE PRACTICES - Mergers - Acquisition by cattle abattoir operator of shares in competitor company — Whether acquiring company is, or is likely to be, dominant in the relevant market ~ Definition of product market - Geographical limits of market - Consideration of factors relevant to dominance - Jurisdiction of Court in case where vendors of shares were United Kingdom companies - Whether as a matter of discretion orders should be made against the vendor companies - Width of appropriate undertaking offered as an alternative to order for

divestiture of shares.

Trade Practices Act 1974, ss.4E, 5, 50, 75B, 81. Protection of Trading Interests Act 1980 (UK), s.5

NSW G.92 of 1988 TRADE PRACTICES COMMISSION v AUSTRALIA MEAT HOLDINGS PTY LIMITED & ORS

Wilcox J Sydney 15 July 1988

page 62 In the second last line, please delete the words

"constitutes a separate".

Note: Appearances for the parties should be as follows:

Counsel for the Applicant:

Solicitors for the Applicant:

Counsel for the First Respondent:

Solicitors for the First Respondent:

Counsel for the Second, Third and Fourth Respondents:

Solicitors for the Second, Third and Fourth Respondents: