BHP Billiton Iron Ore Pty Ltd v National Competition Council

BHP Billiton Iron Ore Pty Ltd v National Competition Council [2008] HCA 45
Judgment date
Case number
P6/2008
M17/2008
Before
Gummow, Kirby, Hayne, Heydon, Crennan, Kiefel JJ
Catchwords

Trade practices – Competition - Access to services - "Service" defined in s 44B of Trade Practices Act 1974 (Cth) to include use of "infrastructure facility" such as road or railway, but not to include use of "production process" - Federal Court of Australia declared railway line service to be s 44B service - Whether access sought by third party to railway line service use of production process.

Words and phrases – "access agreement", "infrastructure facility", "facility", "service", "use of a production process".

Trade Practices Act 1974 (Cth) – Pt IIIA.

Files
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45.pdf (62.73 KB)