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))
- 20 Jun 2019:
B& K Holdings (Qld) Pty Ltd v Garmin Australasia Pty Ltd (No 2)  FCA 925
COSTS - costs of summary judgment application - whether "usual rule" ought be that costs be in the cause
Judge: Derrington J
- 6 Jun 2019:
Australian Competition and Consumer Commission v Pacific National Pty Limited (No 3)  FCA 866
COMPETITION LAW - final orders - modification to undertaking - costs
Judge: Beach J
- 30 May 2019:
Australian Competition and Consumer Commission v PT Garuda Indonesia Ltd (Remedies)  FCA 786
COMPETITION - collusive arrangement - exclusive dealing - respondent found to have contravened s 45 of the Trade Practices Act 1974 (Cth) - enforcement and remedies - application for declarations, injunctions and pecuniary penalties - consideration of relevant principles PUBLIC INTERNATIONAL LAW - act of state doctrine - distinction between…
Judge: Perram J
- 24 May 2019:
Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd  FCAFC 83
COMPETITION - restrictive trade practices - cartel conduct - whether Second Respondent contravened ss 45(2) or 44ZZRK of the Trade Practices Act 1974 (Cth) - where Second Respondent and two other suppliers of laundry detergent in Australia transitioned to ultra-concentrated detergent and ceased supply of standard concentrates at approximately same …
Judge: Middleton, Perram and Bromwich JJ
- 15 May 2019:
Australian Competition and Consumer Commission v Pacific National Pty Limited (No 2)  FCA 669
COMPETITION - acquisition involving Queensland rail terminal - Acacia Ridge Terminal including the Brisbane Multi User Terminal - access to terminal - acquisition producing vertical integration - discrimination against new entrants by vertically integrated operator - ability to discriminate - incentive to discriminate - reasonable perception of…
Judge: Beach J
- 13 Feb 2019:
Australian Competition and Consumer Commission v Cryosite Limited  FCA 116
COMPETITION - cartel conduct - restricting or limiting supply - market sharing - contract containing a cartel provision - conduct giving effect to cartel provision - pecuniary penalty
Judge: Beach J
- 7 Feb 2019:
B&K Holdings (Qld) Pty Ltd v Garmin Australasia Pty Ltd  FCA 64
PRACTICE AND PROCEDURE - respondent's application for summary judgment - applicant's application for leave to amend statement of claim - application of summary judgment principles in competition law context - whether insufficient evidence for reasonable prospects of success at trial COMPETITION - misuse of market power - predatory pricing -…
Judge: Derrington J
- 12 Nov 2018:
Obeid v Australian Competition and Consumer Commission  FCA 1713
PRACTICE AND PROCEDURE - application for leave to appeal - where primary judge dismissed application for interim suppression order - orders of primary judge not attended by sufficient doubt to warrant grant of leave to appeal - application dismissed
Judge: Jagot J
- 9 Nov 2018:
Australian Securities and Investments Commission v Westpac Banking Corporation (No 3)  FCA 1701
CORPORATIONS - Pecuniary penalty - declarations of contraventions - compliance program - 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 -… 131 ACSR 585
Judge: Beach J
- 24 Oct 2018:
Flogineering Pty Ltd v Blu Logistics SA Pty Ltd (No 2)  FCA 1607
PRACTICE AND PROCEDURE - consideration of the final form of the relief to be granted arising out of the trial of the separate questions consequent upon the Judgment published in relation to the separate questions described as Flogineering Pty Ltd v Blu Logistics SA Pty Ltd  FCA 1479
Judge: Greenwood 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.