Williams, J.N. & Anor v Papersave Pty Ltd [1987] FCA 563

Williams, J.N. & Anor v Papersave Pty Ltd [1987] FCA 563

The respondent did not take advantage of its market power within the meaning of s.46(1)(b) of the Trade Practices Act 1974. The conduct (offering to take a lease) could have been engaged in by a company without market power, and no utilization of market power was established. Thus, no contravention was shown.

Parties
Appellant: John Neal Williams; Appellant: Vajili Pty. Limited; Respondent: Papersave Pty. Limited
Jurisdiction
Australia
Judgment Date
12 October 1987
Procedural Posture
Appeal / Full Court (on Appeal From Single Judge of Federal Court)
Outcome
Appeal dismissed with costs
Legal Topics
Market Power, S.46 Trade Practices Act, Competition, Anti Competitive Conduct
Trade Practices Market Power S.46 Trade Practices Act Competition Anti Competitive Conduct

Case Brief

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Parties

John Neal Williams

Appellant

Vajili Pty. Limited

Appellant

Papersave Pty. Limited

Respondent

Procedural Posture

Appeal / Full Court (on Appeal From Single Judge of Federal Court)

Legal Issues

  1. 1 Whether the respondent took advantage of a substantial degree of market power for the purpose of preventing entry of the appellants into the market as prohibited by s.46(1)(b) of the Trade Practices Act 1974

Ratio Decidendi

The respondent did not take advantage of its market power within the meaning of s.46(1)(b) of the Trade Practices Act 1974. The conduct (offering to take a lease) could have been engaged in by a company without market power, and no utilization of market power was established. Thus, no contravention was shown.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal is dismissed with costs.