Article: Melway Publishing Pty Ltd. v. Robert Hicks Pty Ltd.(unfair competition)(Australia)

I INTRODUCTION

The decision of the High Court of Australia in Melway (1) was handed down on 15 March 2001. It is only the second decision of the High Court in a substantive market-centred case under Part IV of the Trade Practices Act 1974 (Cth). The first was Queensland Wire Industries Pty Ltd v Broken Hill Co Ltd (2) which also concerned s 46 of the Trade Practices Act 1974 (Cth). (3) Although the decision of the majority in Melway was firmly based on Queensland Wire, it provided the High Court with an opportunity to elaborate on the meaning of the key phrase in s 46 -- `take advantage' -- and, in particular, the relationship between the phrase `take advantage' ...

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