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))

• 22 Aug 2025: Australian Competition and Consumer Commission v Mastercard Asia/Pacific Pte Ltd (No 2) [2025] FCA 1004
  PRIVILEGE – legal professional privilege – whether draft agreements and email chains (Documents) disclose confidential information made for dominant purpose of providing legal advice – held Documents subject to legal professional privilege PRIVILEGE – waiver – whether unredacted disclosure under compulsory notice was inadvertent – whether…
  Judge: HALLEY J
• 31 Mar 2025: Australian Communications and Media Authority v V Marketing Australia Pty Ltd (In Liq) (No 5) [2025] FCA 970
  COSTS – determining costs where parties had received offers more favourable than outcome of judgment – whether r 24.14 of the Federal Court Rules 2011 (Cth) applies to civil penalty proceedings – whether to award indemnity costs based on Calderbank terms – whether a regulator in a civil penalty proceeding is liable for indemnity costs where…
  Judge: LOGAN J
• 18 Aug 2025: Australian Energy Regulator v CAM Engineering and Construction Pty Ltd (Costs) [2025] FCA 972
  COSTS – where respondent conceded to making of declarations in respect of admitted contravention of s 112(2) of the National Energy Retail Law (NSW) at initial trial – where admissions made eight months after proceeding commenced and after completion of the applicant’s evidence – where no dispute as to facts underlying the contravening conduct –…
  Judge: SARAH C DERRINGTON J
• 6 Aug 2025: Riverine Grazier Pty Ltd v Google LLC [2025] FCA 895
  REPRESENTATIVE PROCEEDINGS – Multiplicity of proceedings – where two “open class” representative proceedings commenced against same respondents raising similar issues – applications for stay of proceeding made – relevant principles – where group membership in one proceeding is a broader class than the other – where claims made in one proceeding…
  Judge: O'BRYAN J
• 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… High Court Special Leave Appeal status: 7 August 2025: HCA - Special leave granted [2025] HCADisp 162
  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

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