Healy & Ors v Real Estate Institute WA Inc

Healy and others (the applicants) brought proceedings against the Real Estate Institute of Western Australia Inc (the respondent) concerning the respondent's alleged contravention of s 47 of the *Trade Practices Act 1974* (Cth) (now s 46 of the *Competition and Consumer Act 2010* (Cth)). The applicants, who were real estate agents, alleged that the respondent had misused its substantial market power in the market for the provision of real estate agency services in Western Australia by engaging in conduct that had the purpose or effect of substantially lessening competition. The proceedings were heard in the Federal Court of Australia.

The primary legal issue before the court was whether the respondent had contravened s 47 of the *Trade Practices Act 1974* (Cth). This involved determining whether the respondent possessed substantial market power in the relevant market and, if so, whether its conduct had the purpose or effect of substantially lessening competition in that market. The applicants contended that the respondent's actions, including the imposition of certain rules and practices, were anti-competitive.

The court considered the definition of "market" for the purposes of the Act and whether the respondent's activities fell within that definition. It examined the nature of the respondent's business and its influence within the real estate industry in Western Australia. The court analysed the evidence presented by both parties regarding the respondent's market power and the competitive impact of its conduct. The legal principles applied included those relating to misuse of market power and substantial lessening of competition under the *Trade Practices Act 1974* (Cth).

The court found that the applicants had failed to establish that the respondent had contravened s 47 of the *Trade Practices Act 1974* (Cth). Consequently, the applications were dismissed.