This Sub-area includes:

• matters concerning anti-competitive conduct, including:
  • civil cartel matters
  • mergers
  • 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.

Economic regulators

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.

The NPA practice note sets out the arrangements for the management of Commercial and Corporations proceedings in this Sub-area:

Other practice notes and Court developed guides which may be relevant to this Sub-area include:

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:

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))

• 16 Apr 2026: Australian Competition and Consumer Commission v Mastercard Asia/Pacific Pte Ltd (Suppression No 2) [2026] FCA 516
  PRACTICE AND PROCEDURE – whether suppression and non-publication orders should be made in respect of information in documents that a witness will be cross-examined about at trial – whether suppression of purportedly confidential commercial information is necessary to prevent prejudice to the proper administration of justice – no suppression or…
  Judge: WIGNEY J
• 14 Apr 2026: Australian Competition and Consumer Commission v Mastercard Asia/Pacific Pte Ltd (Suppression No 1) [2026] FCA 431
  PRACTICE AND PROCEDURE – whether pre-trial suppression and non-publication orders in respect of documents and information to be adduced at trial should be made pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) – whether suppression of confidential commercial information is necessary to prevent prejudice to the proper…
  Judge: WIGNEY J
• 30 Mar 2026: Mastercard Asia/Pacific (Australia) Pty Ltd v Australian Competition and Consumer Commission [2026] FCAFC 37
  LEGAL PROFESSIONAL PRIVILEGE – whether implied waiver of privilege is limited to the making of express or implied assertions about the content of confidential communications – whether the primary judge correctly found waiver in the conduct of serving affidavits that contained evidence to the effect that the appellants did not hold anti-competitive …
  315 FCR 256
  
  Judge: PERRAM, WHEELAHAN AND MCELWAINE JJ
• 26 Mar 2026: Australian Competition and Consumer Commission v Qteq Pty Ltd (Penalty) [2026] FCA 356
  COMPETITION – imposition of pecuniary penalties and related orders under s 76(1) of the Competition and Consumer Act 2010 – where respondents found to have induced or intended to induce contraventions of the cartel prohibitions – where business and assets of contravenor were divested after the liability judgment and penalty hearing – relevant…
  Judge: BROMWICH J
• 19 Dec 2025: Commissioner of Taxation v Li (Freezing Order) [2025] FCA 1692
  PRACTICE AND PROCEDURE – urgent application for freezing orders under r 7.32 of the Federal Court Rules 2011 (Cth) – consideration of applicable principles – where there is a good arguable case – where there is a sufficient risk of dissipation of assets – where the interests of justice and balance of convenience lie in favour of granting the…
  Judge: DOWLING J
• 19 Dec 2025: Commissioner of Taxation v Handojo (Freezing Order) [2025] FCA 1691
  PRACTICE AND PROCEDURE – urgent application for freezing orders under r 7.32 of the Federal Court Rules 2011 (Cth) – consideration of applicable principles – where there is a good arguable case – where there is a sufficient risk of dissipation of assets – where the interests of justice and balance of convenience lie in favour of granting the…
  Judge: DOWLING J
• 22 Dec 2025: Stillwater Pastoral Company Pty Ltd v Stanwell Corporation Ltd (No 4) [2025] FCA 1660
  COSTS – lump sum costs assessment – determination of appropriate quantum of lump sum costs awards in favour of respondents – determination conducted by trial judge with assistance of Registrar
  Judge: SARAH C DERRINGTON J
• 2 Dec 2025: Australian Competition and Consumer Commission v Google Asia Pacific Pte Ltd [2025] FCA 1554
  COMPETITION LAW – prohibition against making a contract, arrangement or understanding in which a provision has the purpose, or would have or be likely to have the effect, of substantially lessening competition – where the respondent (Google) entered into understandings with each of Telstra and Optus which contained a provision that the parties…
  Judge: MOSHINSKY J
• 17 Nov 2025: Quach v McIntyre (No 2) [2025] FCA 1512
  ESTOPPEL – where the applicant applies for a review under r 40.34 of the Federal Court Rules 2011 (Cth) for the exercise of power of a registrar to issue a cost certificate under r 40.27 – where leave to appeal from the judgment which founded the cost certificate was refused – where the applicant relies upon the same grounds to set aside the cost…
  Judge: LOGAN J
• 19 Nov 2025: Stillwater Pastoral Company Pty Ltd v Stanwell Corporation Ltd (No 3) [2025] FCA 1433
  COSTS – lump-sum costs assessment – interlocutory application by applicant seeking orders for respondents to produce source documents forming the basis of costs summaries prior to costs hearing – where source documents only required to be made available at the costs hearing pursuant to Costs Practice Note – where applicant failed to engage with…
  Judge: SARAH C DERRINGTON J

• Australian Securities and Investments Commission (ASIC)
• Australian Competition and Consumer Commission (ACCC)
• Australian Competition Tribunal