Economic Regulator, Competition and Access Sub-area
About this Sub-Area
This Sub-area includes:
- matters concerning anti-competitive conduct, including:
- civil cartel matters
- misuse of market power
- exclusive dealing
- competition actions by the Australian Competition and Consumer Commission (ACCC)
- infrastructure access and regulatory pricing matters.
It can be a fine distinction between matters in this NPA and matters in other Commercial and Corporations Sub-areas, such as the Commercial Contracts, Banking, Finance and Insurance Sub-area and the Corporations and Corporate Insolvency Sub-area. Which Sub-area a matter is commenced in may be determined by the nature of the character of the matter, the relief sought and the legislation relied upon.
Generally, actions in this Sub-area are commenced by economic regulators, such as the:
- Australian Securities and Investments Commission (ASIC) - Australia’s corporate, markets and financial services regulator
- Australian Competition and Consumer Commission (ACCC) - Australia’s competition regulator.
The Commonwealth can also bring an action, or be a party to an economic regulator matter.
Australian Competition Tribunal
The Tribunal was created in 1966 as the Trade Practices Tribunal. It was renamed the Australian Competition Tribunal in 1995. The Court provides operational support for the Australian Competition Tribunal, including providing registry support for the tribunal.
If a matter relates to a decision of the Australian Competition Tribunal, then the matter may be commenced in the Court as a judicial review application. For more information about the Tribunal including its members, decisions and practice directions, visit the Australian Competition Tribunal’s website.
All practice notes are to be read with the Central Practice Note. It is the essential guide to practice in the Federal Court in all proceedings.
Central Practice Note (CPN-1)
The NPA practice note sets out the arrangements for the management of Commercial and Corporations proceedings in this Sub-area:
NPA Practice Note:
Other practice notes and Court developed guides which may be relevant to this Sub-area include:
General Practice Notes:
Forms, Rules & Fees
Filing fees for commencing a proceeding in this Sub-area may apply. Information about Court fees, including the fees payable and circumstances where an exemption or deferral can be given is available in Forms, Fees & Costs or from the Registry.
The forms used in this Sub-area will depend on the legislation relied upon – which will depend on the conduct involved and relief sought. Generally a matter may be commenced in this Sub-area by filing:
These applications should be supported by one of the following Federal Court forms:
Parties should consider whether it is necessary to file a Genuine steps statements (Form 16) in certain proceedings in this NPA - see Rule 8.02 of the Rules and the Civil Dispute Resolution Act 2011 (Cth) (including sections 6, 7 and 16).
Judicial review applications
Additionally, in this Sub-area, a person may, where a person is aggrieved by a decision that the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) applies, apply for a judicial review under section 5 of the ADJR Act by filing:
- Australian Securities and Investments Commission Act 2001 (Cth)
- Competition and Consumer Act 2010 (Cth)
- Corporations Act 2001 (Cth)
- Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth))
- 13 Aug 2018:
Australian Competition and Consumer Commission v Oakmoore Pty Ltd  FCA 1169
COMPETITION - collusive arrangement - exclusive dealing - third respondent admitted to contraventions of ss 45 and 47 of the Competition and Consumer Act 2010 (Cth) - seventh respondent admitted to being directly and knowingly concerned in third respondent's contraventions within meaning of s 76(1)(e) of the Act - enforcement and remedies -…
Judge: Gleeson J
- 13 Aug 2018:
Australian Competition and Consumer Commission v Oakmoore Pty Ltd (No 2)  FCA 1170
COMPETITION - collusive arrangement - exclusive dealing - second respondent admitted to contraventions of s 47 of the Competition and Consumer Act 2010 (Cth) - sixth respondent admitted to being directly and knowingly concerned in third respondent's contraventions within meaning of s 75B(1)(c) of the Act - enforcement and remedies - application…
Judge: Gleeson J
- 29 Jun 2018:
ARN17 v Minister for Immigration and Border Protection  FCA 974
MIGRATION - application for extension of time - inadequate explanation for part of delay - proposed appeal without merit. PRACTICE AND PROCEDURE - delay in commencing appeal - documents prepared by lawyer not frankly stating facts relevant to the adequacy of the applicant's explanation for the delay - direct access counsel - reasonable…
Judge: Charlesworth J
- 27 Jun 2018:
Australian Competition and Consumer Commission v Air New Zealand Limited (No 15)  FCA 1166
COMPETITION - collusive arrangement - exclusive dealing - respondent found to have contravened s 45 of the Trade Practices Act 1974 (Cth) - enforcement and remedies - application for agreed declarations and pecuniary penalties -consideration of principles - proposed declarations made and penalties imposed
Judge: Gleeson J
- 21 Jun 2018:
Australian Securities and Investments Commission v Commonwealth Bank of Australia  FCA 941
CORPORATIONS LAW - banking - financial services - failure to deal with financial products in an efficient and fair manner - attempts to manipulate the Bank Bill Swap Reference Rate by Prime Banks - unconscionable conduct - contravention of financial services laws - ss 12CB and 12CC of the Australian Securities and Investments Commission Act 2001…
Judge: Beach J
- 20 Jun 2018:
Chief Executive Officer of the Australian Transaction Reports and Analysis Centre v Commonwealth Bank of Australia Limited  FCA 930
STATUTES - Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) - where admitted contraventions by respondent of statute PRACTICE AND PROCEDURE - civil penalties - whether agreed penalty appropriate in circumstances
Judge: Yates J
- 18 Jun 2018:
Australian Competition and Consumer Commission v Apple Pty Ltd (No 4)  FCA 953
CONSUMER LAW - admitted contraventions of the Australian Consumer Law - misleading or deceptive representations as to consumer rights in relation to software faults - consideration of principles in relation to fixing an appropriate penalty
Judge: Lee J
- 1 Jun 2018:
Australian Competition and Consumer Commission v The Construction, Forestry, Mining and Energy Union (No 4)  FCA 684
COMPETITION - secondary boycott - pecuniary penalties - course of conduct and totality principles - relevance to penalty of actual loss and damage occurring in secondary boycott - injunctions - compliance program - form of declarations COSTS - Calderbank offer - relevant factors - special consideration of regulator's role COSTS - apportionment of…
Judge: Middleton J
- 25 May 2018:
Australian Competition and Consumer Commission v Pfizer Australia Pty Ltd  FCAFC 78
COMPETITION - appeal by the Australian Competition and Consumer Commission against an order of the Federal Court dismissing a proceeding against Pfizer in which the ACCC alleged that Pfizer had contravened s 46 and s 47(1) of the Competition and Consumer Act 2010 (Cth) when it took certain steps pursuant to a plan designed to enable Pfizer to…
Judge: Greenwood, Middleton and Foster JJ
- 24 May 2018:
Australian Securities and Investments Commission v Westpac Banking Corporation (No 2)  FCA 751
CORPORATIONS - Bank bill market - trading in prime bank bills - Bank Bill Swap Reference rate (BBSW) - bank accepted bill futures - interest rate swaps - cross-currency swaps - market manipulation - artificial price in traded BBSW referenced products - financial market - false or misleading appearance in a market - false or misleading appearance… 127 ACSR 110
Judge: Beach J
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Important note: This information is procedural advice only. You should seek your own legal advice about legal cases and procedure in the Federal Court and in this area of law.