A long-standing ban on using artificial insemination (AI) technology in thoroughbred racehorses has been upheld by the Federal Court.http://www.abc.net.au/news/2012-12-19/c ... an/4436834
Former bookmaker and Sydney Turf Club chairman Bruce McHugh brought the multi-million-dollar court case against the racing industry.
In the six-week trial, Mr McHugh challenged the Australian Racing Board, the Australian Stud Book and Thoroughbred Breeders Australia against the global ban of registration of thoroughbreds produced by AI.
Australia is one of about 70 countries signed up to agreements which state thoroughbreds can only be conceived naturally.
He argued the agreement caused a restraint of trade and breached section 45 of the Competition and Consumer Act.
But Justice Tony Robertson dismissed the case, which has cost the parties involved an estimated $10 million.
Justice Robertson said Mr McHugh had failed to show the AI rule was a restraint of trade, because he accepted it was a reasonable provision when it was established "many decades ago to prevent the attribution of incorrect paternity to a thoroughbred horse".
Mr McHugh had not proved the AI rule had substantially lessened competition, Justice Robertson said, adding that overturning the ban would downgrade "the status of thoroughbred races held in Australia".