Trade Practices – taking advantage of market power – delineation of the market – principles – substitutability – competition – submarkets – United States authorities – sporting leagues – monopolization.
Exclusionary Provisions – date as at which determination must be made – meaning of “competitive” – meaning of “services” – effect of joint nature of activities of a sporting association on competition – meaning of purpose of a provision in s. 4D – subjective purpose – whether the purpose must be the purpose of all participants – whether the purpose of one participant is sufficient – discussion of purpose of participant not competitive with other participants – substantial purpose within s. 4F – meaning of “substantial” – effect on the construction of s. 4D of the requirement of a substantial purpose – meaning of “contract, arrangement or understanding” – discussion of the degree of commitment required to an arrangement or understanding – necessity for a meeting of the minds of those alleged to be parties – purpose or effect of substantially lessening competition.
Discretion To Grant Or Refuse Relief In Trade Practices Matters – discussion of principles – grounds on which discretion might be exercised against making an order.
Economic Duress – discussion of principles – whether pressure illegimate.
Contract – implied obligation to do all reasonably necessary to secure performance – construction – implied term that party is not to deprive itself of the capacity to fulfil its obligation.
Tort Of Inducing Breach Of Contract – principles – whether defence of bona fide belief that the contract was invalid is a good defence.
Fiduciary Duties – discussion of fiduciary duties in respect of assets of a sporting competition.
Tim Castle appeared for the cross-respondents.