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

Boral Besser Masonry Ltd (now Boral Masonry Ltd) appealed to the High Court of Australia against a decision of the Full Federal Court which had upheld a finding by the Australian Competition and Consumer Commission (ACCC) that Boral had engaged in anti-competitive conduct in contravention of the *Trade Practices Act 1974* (Cth). The dispute concerned allegations that Boral had engaged in price fixing and other anti-competitive practices in the supply of concrete masonry products in Queensland.

The High Court was required to determine whether Boral had engaged in conduct that had the purpose or effect of substantially lessening competition in a market, contrary to section 45 of the *Trade Practices Act 1974*. Specifically, the court considered whether Boral's actions, including alleged agreements with competitors regarding pricing and market allocation, constituted a contravention of the Act. The court also had to consider the proper interpretation of the relevant provisions of the Act concerning anti-competitive agreements and the concept of a "market".

The High Court, in a majority decision, found that Boral had engaged in conduct that contravened section 45 of the *Trade Practices Act 1974*. The court reasoned that the evidence demonstrated an intention to limit competition and that the agreements entered into by Boral had the effect of substantially lessening competition in the market for concrete masonry products in Queensland. The court applied established principles of competition law, focusing on the purpose and effect of the conduct in question and the definition of the relevant market.

The High Court dismissed Boral's appeal and affirmed the decision of the Full Federal Court.