Exclusive dealing: How exclusive are minimum quantity condition dealings?

This article provides a critical evaluation of minimum quantity conditions and their restrictions under s 47(2)(d) of the Trade Practices Act 1974 (Cth) (the Act). The first section provides a working definition of a minimum quantity condition and how it differs from other forms of exclusive dealings. The second section examines s 47(2)(d) of the Act and, in particular, the judicial interpretation of the words condition and competition. The article then looks at the decision of O'Brien Glass Industries Ltd v Cool & Sons Pty Ltd (1983) 77 FLR 44; 48 ALR 625 and how it interpreted a minimum quantity condition. This examination is followed by an analysis of seven hypothetical situations which show why it is extremely difficult, if not impossible, for a minimum quantity condition to fall under s 47(2)(d) of the Act.