Queensland Wire Industries Pty Ltd v B.H.P. Company Ltd & Anor [1987] FCA 742

Queensland Wire Industries Pty Ltd v B.H.P. Company Ltd & Anor [1987] FCA 742

There was no market for Y-bar in Australia within the meaning of s.4E of the Trade Practices Act 1974; accordingly, BHP's refusal to supply Y-bar to QWI was not taking advantage of market power in a relevant market for a proscribed purpose under s.46. The action was properly dismissed.

Parties
Appellant: Queensland Wire Industries Pty. Limited; First Respondent: The Broken Hill Proprietary Co. Limited; Second Respondent: Australian Wire Industries Proprietary Limited
Jurisdiction
Australia
Judgment Date
24 December 1987
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal dismissed with costs; cross-appeal dismissed; appellant to pay costs of appeal; no order as to costs of cross-appeal.
Legal Topics
Monopolization, Market Definition, Section 46 Trade Practices Act, Refusal to Supply, Essential Facilities Doctrine
Trade Practices Competition Law Monopolization Market Definition Section 46 Trade Practices Act Refusal to Supply Essential Facilities Doctrine

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Parties

Queensland Wire Industries Pty. Limited

Appellant

The Broken Hill Proprietary Co. Limited

First Respondent

Australian Wire Industries Proprietary Limited

Second Respondent

Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether refusal or constructive refusal by BHP to supply Y-bar constitutes taking advantage of market power for a prohibited purpose under s.46 of the Trade Practices Act 1974
  2. 2 Whether a 'market' in Y-bar exists within the meaning of the Act
  3. 3 Application and relevance of the 'essential facility' doctrine

Ratio Decidendi

There was no market for Y-bar in Australia within the meaning of s.4E of the Trade Practices Act 1974; accordingly, BHP's refusal to supply Y-bar to QWI was not taking advantage of market power in a relevant market for a proscribed purpose under s.46. The action was properly dismissed.

Court Disposition

Appeal dismissed with costs; cross-appeal dismissed; appellant to pay costs of appeal; no order as to costs of cross-appeal.

Orders

  • The Appeal be dismissed with costs.
  • The Cross-Appeal be dismissed.