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Australia Leading Case abuse of dominance

Boral Besser Masonry Ltd v ACCC

(2003) 215 CLR 374
JurisdictionAustralia
CourtHigh Court of Australia
Year2003
StatusBinding authority

Summary

Misuse of market power under Trade Practices Act requires purpose-based test; predatory pricing must involve taking advantage of substantial market power.

Key Principle

Misuse of market power under Trade Practices Act. Purpose-based test, not effects-based. Predatory pricing requires taking advantage of market power.

Area of Law

commercial

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