The Federal Court of Australia rejects competition law challenge to thoroughbred horse racing rules that exclude thoroughbred bred by artificial insemination (McHugh v The Australian Jockey Club)

1. Artificial insemination and thoroughbred racehorses –anti-competitive agreements and the decision in McHugh v The Australian Jockey Club Limited [2012] FCA 1441(19 December 2012) Thoroughbred horse racing around the world is governed by rules that do not allow thoroughbreds bred by artificial insemination (AI) to be registered as thoroughbreds or to race in thoroughbred races [1]. These restrictions are intriguing given the significant role played by AI in the breeding of standard bred race horses and cattle and other animals [2]. From the standpoint of competition law, the restrictions have been questioned on the basis that they give thoroughbred race horse breeders the power to charge excessive fees for the servicing of mares by thoroughbred stallions [3]. The issue is of some

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  • Brent Fisse Lawyers (Paddington)

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Brent Fisse, The Federal Court of Australia rejects competition law challenge to thoroughbred horse racing rules that exclude thoroughbred bred by artificial insemination (McHugh v The Australian Jockey Club), 19 December 2012, e-Competitions Bulletin Judicial review, Art. N° 50287

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