Background
Section 43 of the Trade Practices Act 1965-1969 (Cth) made certain agreements between competitors restricting competition "examinable", and the respondents in this case were charged with breaching that section. The agreements in question were exclusively related to trade in Queensland, and thus, the respondents would have fallen within the legislative power granted by section 51(i) of the Constitution. The Commonwealth Industrial Court, at first instance, rejected the charge, following Huddart, Parker & Co Pty Ltd v Moorehead, in which it was held that a law with respect to the trading activities of constitutional corporations was not within power.
Read more about this topic: Strickland V Rocla Concrete Pipes Ltd
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