Section 45 of the Trade Practices Act—the Law and Administration to Date *

Abstract

One of the most important sections of the Trade Practices Act is section 45, which concerns restraint of trade. Dr Pengilley begins by outlining the provisions of the Trade Practices Act dealing with restraint of trade and the role of the Trade Practices Commission in relation to those provisions and in comparison to the courts. Detailed analysis is then given to numerous decisions, from a number of jurisdictions, relevant to the interpretation of section 45. Extensive examination is also made of a large number of Trade Practices Commission decisions regarding clearance or authorisation of conduct which is, or may be, contrary to section 45. The article concludes by discussing and assessing the implications of the High Court's only decision to date on the interpretation of section 45.