Has the high court crippled the effectiveness of S46 of the trade practices act?

Corones, Stephen G. (2004) Has the high court crippled the effectiveness of S46 of the trade practices act? Australian Business Law Review, 32(2), pp. 142-148.

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This article considers the High Court’s decision in Rural Press Ltd v ACCC [2003] HCA 75 (11 December 2003. This is the third recent case in which it has been required to construe and apply s 46 of the Trade Practices Act 1974 (Cth) (the Act). (The other two recent cases are Melway Publishing Pty Ltd v Robert Hicks Pty Ltd (2001) 205 CLR 1 (Melway) and Boral Besser Masonry Ltd v ACCC (2003) 195 ALR 609 (Boral). Prior to these decisions the leading authority on the interpretation and application of s 46 was Queensland Wire Industries Pty Ltd v Broken Hill Pty Co Ltd (1989) 167 CLR 177 (Queensland Wire).)

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ID Code: 19130
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: Trade Practices, Misuse of market power, Competition, Rural Press
ISSN: 0310-1053
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
Copyright Owner: Copyright 2004 Lawbook Company Limited
Deposited On: 25 Mar 2009 22:46
Last Modified: 29 Feb 2012 13:06

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