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Dandy Power Equipment Pty Ltd v Mercury Marine Pty Ltd

[1982] FCA 178; (1982) 64 FLR 238; (1982) ATPR 40–315


Held (Justice Smithers)

[at 43,887]: 'To apply the concept of substantially lessening competition in a market, it is necessary to assess the nature and extent of the market, the probable nature and extent of competition which would exist therein but for the conduct in question, the way the market operates and the nature and extent of the contemplated lessening. To my mind one must look at the relevant significant portion of the market, ask oneself how and to what extent there would have been competition therein but for the conduct, assess what is left and determine whether what has been lost in relation to what would have been, is seen to be a substantial lessening of competition.'


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