Boral Besser Masonry Limited (now Boral Masonry Ltd) v Australian Competition and Consumer Commission

Trade practices – Restrictive trade practices - Misuse of market power - Predatory pricing - Market definition - Concrete masonry products market - Close substitutability - Whether appellant had substantial degree of market power - Recoupment of losses - Analysis of market structure - Market share - Barriers to entry - Whether barriers to entry created by practices and policies of incumbent firms - Pricing behaviour - Increase in supply capacity - Whether taking advantage of a substantial degree of market power for a proscribed purpose - Legislative purpose of Trade Practices Act 1974 (Cth) - Relevance of market economic conditions - Relevance of purpose of damaging a competitor - Trade Practices Act 1974 (Cth), s 46(1), (3).

Words and phrases – "market power", "predatory pricing", "barriers to entry".

Trade Practices Act 1974 (Cth) – s 46(1), (3).