Economic Regulator, Competition and Access Sub-area
Economic Regulator, Competition and Access Sub-area
About this Sub-Area
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.
Practice Notes
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: |
|
Guides: |
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:
| Forms: |
These applications should be supported by one of the following Federal Court forms:
|
| Rules: |
|
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:
| Forms: | |
| Rules: |
|
| Notes: |
|
Legislation
- 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))
Latest Judgments
- 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 - 2 Sep 2024:
Australian Competition and Consumer Commission v Mastercard Asia/Pacific Pte Ltd [2024] FCA 999
EVIDENCE - judicial notice - whether judicial notice can be taken of statistical information under Reserve Bank Act 1959 (Cth) s 85A(1) - meaning of "statistical information" - whether the statistical information must be incontestable - effect of taking judicial notice - judicial notice taken.
Judge: Wigney J - 23 Aug 2024:
Master Wealth Control Pty Ltd v Australian Competition and Consumer Commission (Stay application) [2024] FCA 1024
PRACTICE AND PROCEDURE - application by appellants for a stay of civil penalty, consumer redress and costs orders made by the primary judge pending hearing and determination of appeal - respondents consented to stay of civil penalty and costs orders subject to security for costs and appeal being prosecuted expeditiously - where interim stay of…
Judge: Halley J - 21 Aug 2024:
Quach v Davenport [2024] FCA 973
PRACTICE AND PROCEDURE - application for leave to appeal from summary judgment - where applicant contends primary proceedings are "criminal proceedings" within the meaning of s 31A(5) of the Federal Court of Australia Act 1976 (Cth) - where appeal has no reasonable prospects of success - application dismissed with costs
Judge: Lee J - 4 Jun 2024:
Australian Energy Regulator v Santos Direct Pty Ltd [2024] FCA 579
CONSUMER LAW - application for declaration of contravention of the National Gas Rules (NGR) - failure to keep contemporaneous records in relation to renominations - where respondents admitted contravening the NGR -pecuniary penalties pursuant to s 44AAG(2) of the Competition and Consumer Act 2010 (Cth) - whether proposed penalties appropriate -…
Judge: Neskovcin J - 4 Jun 2024:
Australian Competition and Consumer Commission v Delta Building Automation Pty Ltd (No 2) [2024] FCA 580
COMPETITION - pecuniary penalties - determination of civil penalties for breaches of s 45AJ of the Competition and Consumer Act 2010 (Cth) (CCA) for attempted bid rigging - where liability already determined in previous judgment - where size of appropriate penalty in dispute - whether potential benefits other than profit are relevant…
Judge: Bromwich J - 28 May 2024:
Quach v McIntyre [2024] FCA 564
PRACTICE AND PROCEDURE - application for summary dismissal - whether applicant has no reasonable prospect of successfully prosecuting a proceeding alleging cartel conduct against two individuals - no reasonable prospects of success - application for summary dismissed granted PRACTICE AND PROCEDURE - application for recusal - where docket judge…
Judge: Thawley J - 22 May 2024:
Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd (No 4) [2024] FCA 538
ESTOPPEL -issue estoppel-parallel proceedings by ACCC as regulator and applicant alleging breach of s 45 of the Competition and Consumer Act 2010 (CCA) concerning Port Commitment Deeds entered into by State of NSW-stay of applicant's proceeding- ACCC Proceeding fails at trial-Full Court Appeal-applicant given leave to intervene-Full Court…
Judge: McElwaine J
Subscribe
To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.
We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.
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.
