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Further , it is the conclusion of the court , based on the record before it , that the plaintiff has clearly demonstrated antitrust standing and injury . Further , Bristol has demonstrated that it will clearly suffer significant if not complete loss of goodwill if it does not obtain the NT 5 source code immediately . Bushy Park homestead , originally situated on the Avon River at Briagolong , was built by Gippsland explorer , Angus McMillan , in 1850 , out of pit-sawn redgum timber , after the original homestead had been destroyed in a bush fire . The park is arid and fairly inaccessible . Merbein was originally called White Cliffs after these steep slopes beside the Murray . Joseph Cooper obviously had a great ability to build structures which stood the test of time . It was originally known as Schnapper Point and it became the legal centre for the peninsula in the early 1860s when the police station , courthouse and post office were built . Built in 1966 , it originally handled wheat coming in on narrow gauge railway tracks and being transferred to the larger gauge railway line to the coast . The area was settled in the 1850s and the township of Moe was originally located 3 km to the north of its present site . The court will analyze whether , on the record before it , the plaintiff has clearly shown a likelihood of success in establishing a " marginal " antitrust violation , without deciding at this time that such a cause of action is viable under CUTPA . However , the record does not clearly show that these other two markets will behave in all material respects similar to the personal computer operating system market , such that the experience in one market can serve as a reliable predictor of the result in the other markets . It has not clearly shown that it could not have avoided the injury by negotiating for a longer term or for more product version releases , and failing that , refused to accept the contract .