Trade Practices Commission v Australian Meat Holdings Pty Ltd & Ors [1988] FCA 477

JUDGMENT No. 4.07.7 68

CATCHWORDS

TRADE PRACTICES - Acquisition by cattle abattoir operator of shares in competitor company - Such acquisition a

contravention of s.50(1)(a} of Trade Practices Act 1974 -

Nature of appropriate remedy - Form of undertaking offered as

an alternative to an order for divestiture of the shares.

Trade Practices Act 1974, ss.50, 81.

NSW G.92 of 1988 TRADE PRACTICES COMMISSION v AUSTRALIA MEAT HOLDINGS PTY LIMITED & ORS -- SUPPLEMENTARY REASONS AND FINAL ORDERS

Wilcox J Sydney 12 August 1988

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN:

CORAM: WILCOX J PLACE: SYDNEY DATE: 31 AUGUST 1988

) ) ) No. NSW G.92 of 1988 ) )

TRADE PRACTICES COMMISSION

Applicant

AUSTRALIA MEAT HOLDINGS PTY LIMITED

First Respondent

THOMAS BORTHWICK & SONS (PACIFIC HOLDINGS) LIMITED

Second Respondent

BORTHWICKS PLC Third Respondent

THOMAS BORTHWICK & SONS

(UK) LIMITED

Fourth Respondent

MINUTES OF ORDER

THE COURT DECLARES THAT:

A. The acquisition by the First Respondent of all of the

issued shares in Thomas Borthwick & Sons

(Australasia) Limited constitutes a contravention of

s.50(1)(a) of the Trade Practices Act 1974.

uw

AND THE COURT ORDERS THAT:

Under s.81(1) of the Trade Practices Act 1974, the

First Respondent use its best endeavours to dispose of all the issued shares in Thomas Borthwick & Sons (Australasia) Limited to a suitable purchaser within the period of two months (or such further period as the Court or a Judge may allow) from the Operative Date AND THE COURT DIRECTS THAT in the event that the said shares are not disposed of within that period, the matter be relisted for the giving of further

directions under s.81(1) of the Trade Practices Act

1974 as to the disposal of such shares.

If the Court is satisfied that, on or prior to the

Operative Date, the First Respondent: