Competition Law Reading Room
Melway Publishing Pty Ltd v Robert Hicks Pty Ltd
Philip Williams
[2001] MULR 27;
(2001) 25 MULR 831
Notes
This is a case note on the High Court decision in Melway. The first paragraph states [footnotes omitted]:
The decision of the High Court of Australia in Melway was handed down on 15 March 2001. It is only the second decision of the High Court in a substantive market-centred case under Part IV of the Trade Practices Act 1974 (Cth). The first was Queensland Wire Industries Pty Ltd v Broken Hill Pty Co Ltd which also concerned s 46 of the Trade Practices Act 1974 (Cth). Although the decision of the majority in Melway was firmly based on Queensland Wire, it provided the High Court with an opportunity to elaborate on the meaning of the key phrase in s 46 - 'take advantage' - and, in particular, the relationship between the phrase 'take advantage' and the purpose that is proscribed in the section.
It concludes that hte principal lesson to be drawn from the case is that proof of 'taking advantage' "must be taken seriously" and that the causal connection it requires between conduct and market power "involves economic argument".