Australian Competition & Consumer Commission v Simsmetal Ltd & Ors [1998] FCA 1435

Australian Competition & Consumer Commission v Simsmetal Ltd & Ors [1998] FCA 1435

The proposed pleading sufficiently alleged that Simsmetal took advantage of its market power because it alleged conduct connected to Simsmetal being already in the relevant markets and having the necessary capital equipment, not merely that Simsmetal was a large firm able to pay above-market prices. Leave to file and serve the proposed statement of claim and amended application was therefore warranted.

Jurisdiction
Australia
Judgment Date
05 November 1998
Procedural Posture
Application Concerning Alleged Contravention of S 46 of the Trade Practices Act (cth) 1974 / Application for Leave to Deliver a New Statement of Claim Following Respondents' Notice of Motion Seeking to Strike Out the Original Statement of Claim
Outcome
The applicant's contentions were upheld and leave was granted to file and serve the proposed statement of claim and amended application.
Legal Topics
['misuse of Market Power' 'taking Advantage of Market Power' 'pleading Sufficiency' 'leave to File and Serve Amended Pleadings']
['competition and Consumer Law' 'civil Procedure'] ['misuse of Market Power' 'taking Advantage of Market Power' 'pleading Sufficiency' 'leave to File and Serve Amended Pleadings']

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Procedural Posture

Application Concerning Alleged Contravention of S 46 of the Trade Practices Act (cth) 1974 / Application for Leave to Deliver a New Statement of Claim Following Respondents' Notice of Motion Seeking to Strike Out the Original Statement of Claim

Legal Issues

  1. 1 ['Whether the proposed statement of claim sufficiently pleaded the element of taking advantage of market power under s 46 of the Trade Practices Act (Cth) 1974.' 'Whether the applicant should have leave to file and serve the proposed statement of claim and amended application.']

Ratio Decidendi

The proposed pleading sufficiently alleged that Simsmetal took advantage of its market power because it alleged conduct connected to Simsmetal being already in the relevant markets and having the necessary capital equipment, not merely that Simsmetal was a large firm able to pay above-market prices. Leave to file and serve the proposed statement of claim and amended application was therefore warranted.

Court Disposition

The applicant's contentions were upheld and leave was granted to file and serve the proposed statement of claim and amended application.

Orders

  • ['Leave to file and serve a statement of claim in the form of annexure RAA7 to the affidavit of Robert Alan Antich, affirmed 29 September 1998.' "Leave to file and serve the amended application, annexure RAA8 to Mr Antich's affidavit."]