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))

• 4 Jul 2025: Australian Energy Regulator v CAM Engineering and Construction Pty Ltd [2025] FCA 737
  CORPORATIONS – admitted contravention of s 112(2) of the National Energy Retail Law (NSW) – where respondent failed to join an energy ombudsman scheme as required as a condition of status as an exempt retailer selling metered energy to residential customers who were residents of a retirement village – where contravention extended over period of 16 …
  Judge: SARAH C DERRINGTON J
• 17 Apr 2025: Australian Competition and Consumer Commission v Qteq Pty Ltd [2025] FCA 371
  COMPETITION – alleged attempts to enter into contracts, arrangements or understandings with companies in the coal seam gas industry that would be contraventions of s 44ZZRJ/45AJ of the Competition and Consumer Act 2010 (Cth) – alleged attempts to induce entry into the same contracts, arrangements or understandings – cartel provisions to allocate…
  Judge: BROMWICH J
• 10 Apr 2025: Australian Energy Regulator v Jemena Eastern Gas Pipeline (1) Pty Ltd [2025] FCA 338
  CONSUMER LAW – application for declarations of contraventions of rr 653(1)(a) and r 659(1) of the National Gas Rules – where respondents admitted contraventions of the Rules – civil penalties sought for contraventions of r 659(1) – where parties provided joint submissions as to agreed penalty amount – whether proposed penalties appropriate…
  Judge: ANDERSON J
• 7 Apr 2025: Stillwater Pastoral Company Pty Ltd v Stanwell Corporation Ltd (No 2) [2025] FCA 316
  COSTS – indemnity costs – representative proceedings – where claim dismissed at initial trial concerning an alleged misuse of market power in the National Electricity Market – whether respondents entitled to award of costs on an indemnity basis – where insufficient evidence to demonstrate alleged conduct – whether case was hopeless – whether…
  Judge: SARAH C DERRINGTON J
• 3 Apr 2025: Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd [2025] FCAFC 43
  APPEAL – where appellant alleges breach of s 45 of the Competition and Consumer Act 2010 (Cth) (CCA) by entry into Port Commitment Deeds – where issue arises as to derivative Crown immunity – where similar ACCC proceedings in Federal Court of Australia failed by reason of derivative Crown immunity – where appellant appeals decision upholding ACCC…
  Judge: LEE, COLVIN AND STEWART JJ
• 31 Mar 2025: Australian Communications and Media Authority v V Marketing Australia Pty Ltd (In Liq) (No 4) [2025] FCA 287
  COMMUNICATIONS LAW – determining penalties where respondents admitted contravening the Do Not Call Register Act 2006 (Cth) – whether to impose a penalty in circumstance where by earlier judgment, the Court had concluded that its directing mind and will had no knowledge of contraventions by the engaged telemarketing company and had acted reasonably …
  Judge: LOGAN J
• 4 Feb 2025: Australian Energy Regulator v Callide Power Trading Pty Ltd [2025] FCA 32
  ENERGY AND RESOURCES - electricity - contraventions of r 4.15(a)(1) and cl 5.2.5(a)(1) of the National Electricity Rules (NER) - where respondent is a "Scheduled Generator" and "Registered Participant" under Ch 2 of the NER in respect of the Callide C Power Station - where respondent failed to ensure that Callide C4 generating unit met or exceeded …
  Judge: DERRINGTON J
• 4 Dec 2024: Stillwater Pastoral Company Pty Ltd v Stanwell Corporation Ltd [2024] FCA 1382
  COMPETITION - misuse of market power - where applicant alleges respondents took advantage of substantial market power in the National Electricity Market (NEM) - where respondents engaged in late rebidding in the NEM - whether respondents took advantage of substantial market power to spike the spot price of electricity with the expectation or…
  Judge: SARAH C DERRINGTON J
• 17 Oct 2024: Mastercard Asia/Pacific Pte Ltd v Australian Competition and Consumer Commission [2024] FCA 1237
  PRACTICE AND PROCEDURE - application for leave to appeal - where primary judge took judicial notice of statistical information contained in publications published by the RBA - s 85A of the Reserve Bank Act 1959 (Cth) - meaning of "judicial notice" - where applicant contends judicial notice can be taken only of incontrovertible facts - s 144 of the …
  Judge: LEE J
• 30 Sep 2024: Bentley Capital Limited v Keybridge Capital Limited (No 3) [2024] FCA 1139
  CORPORATIONS - directors - indemnity for legal costs incurred - where competing deeds of indemnity on same terms - carve out where indemnity provided by insurer or other indemnifier - whether advances by one insurer constituted payments by way of indemnity - where neither indemnifier has moved first to indemnify - contribution
  Judge: BANKS-SMITH J

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