December 1999 / January 2000

Australia: ACCC unsuccessful in misuse of power action against Boral

01 December 2000

In a recent judgment, the Federal Court of Australia held that the ACCC’s allegations of misuse of market power against Boral Ltd and its subsidiary Boral Besser Masonry Ltd were unfounded. The Court held that Boral’s subsidiary did not have a substantial degree of market power in the relevant market. The case is an example of a narrow market definition argued by the ACCC being struck down in favour of a more appropriate wider-market definition. It also emphasises that the Court is more interested in the relationship between market definition and market power rather than market definition itself.