B&K Holdings (Qld) Pty Ltd v Garmin Australasia Pty Ltd

Facts and summary

Applicant

B & K Holdings (Qld) Pty Ltd
(counsel: Mr M Martin QC with Ms M Barnes | solicitor: Mills Oakley Lawyers)

Respondent

Garmin Australasia Pty Ltd
(Ms R Higgins SC with Mr P Strickland | solicitor: Herbert Smith Freehills)

Filed

TBC

Registry

Queensland | QUD66/2018 ➤

Court

Federal Court of Australia (Queensland Registry)

Allegations

Misuse of market power - predatory pricing - exclusive dealing - misleading or deceptive conduct.

B&K alleged Garmin breached of s 46 by way of predatory pricing (the claim is brought pursuant to the Harper-amended s 46)

Garmin sought summary judgment on the basis that (in relation to the s 46 claim) B&K did not allege Garmin sold its products below 'avoidable cost' and in relation to the s 45 and s 47 claims the counterfactual would not produce a better market outcome. Application for summary judgment was dismissed (failing on all claims) on 7 Feb 2019 (B&K Holdings (Qld) Pty Ltd v Garmin Australasia Pty Ltd [2019] FCA 64 ➤)

Proceedings dismissed

Proceedings dismissed by consent and without admissions on 18 November 2019 by Justice Derrington.