Trial by combat

The Australian courts, tiring of incomprehensible economic and legal arguments about competition law, have reinstituted the ancient and honourable tradition of trial by combat, and they want it a l’outrance.

At least that’s what I infer from this para in Saturday’s Australian Financial Review.

The judgement showed it is very difficult to prove the substantial lessening of competition needed for a breach of Section 50 – blood literally has to be spilt on the floor (emphasis added)

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