Re Queensland Co-Op Milling Association Limited and Defiance Holdings Limited (QCMA)

Trade Practices Tribunal
(1976) 8 ALR 481; (1976) ATPR 40–012
Justice Woodward, J Shipton, Maureen Brunt

Keywords

mergers - authorisation - clearance - public benefit

Legislation

Trade Practices Act 1974 - s 50 - s 88 - s 90

Facts

This Tribunal decision arose from independent proposals made by QCMA and Defiance to take control of another company, Barnes.

All were flour milling firms in Queensland.

They sought authorisation or clearance for the proposals and were refused by the TPC.

They then sought review of the TPC's decision by the Tribunal.

Decicion

The Tribunal refused to review the applications.

The significance of the case, however, lies not in this refusal based on the merger law and procedure at the time, but in the Tribunal's discussion of economic concepts, including 'market' and 'competition'.