Where the third respondent contravened s 45(2)(a)(ii) of the Trade Practices Act 1974 (Cth) (now the Competition and Consumer Act 2010 (Cth)) (together, the “CCA”) by making an arrangement with the second respondent:
- containing a provision that each of them would agree to enter into a supply arrangement to purchase profiled polycarbonate roof sheeting (“polycarb”) from the first respondent, on the basis that the third respondent would agree to refrain from supplying polycarb to retail stores, large commercial users and on-sellers (together, “commercial purchasers”),
- which provision had the purpose and likely effect of substantially lessening competition in the market for the supply of polycarb to commercial purchasers in Australia (“distribution market”), within the meaning of s 45(2)(a)(ii) of the CCA.
Michael Hodge QC (with J O’Conner) appeared for the Applicant, instructed by the Australian Government Solicitor.
The judgments are published below.