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:
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Other practice notes and Court developed guides which may be relevant to this Sub-area include:
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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:
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These applications should be supported by one of the following Federal Court forms:
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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:
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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
- 23 Mar 2023:
Australian Competition and Consumer Commission v Mazda Australia Pty Limited [2023] FCAFC 45
CONSUMER LAW - misleading or deceptive conduct - false or misleading representations - appeal - where primary judge found Mazda Australia Pty Limited (Mazda) contravened s 18(1) and s 29(1)(m) of the Australian Consumer Law (ACL) by making false representations concerning existence or effect of consumer guarantees, rights or remedies and false…
Judge: Mortimer, Lee and Halley JJ - 16 Mar 2023:
Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd (No 2) [2023] FCAFC 37
COMPETITION - where provisions of port commitment deeds required the State to compensate port operators if certain container volumes divert to a possible container terminal at the Port of Newcastle - where claims of anti-competitive conduct contrary to law were made - where appeal dismissed but reasons not yet published to the public PRACTICE AND…
Judge: Allsop CJ, Yates and Beach JJ - 23 Feb 2023:
Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd [2023] FCAFC 16
COMPETITION - where provisions of port commitment deeds required the State to compensate port operators if certain container volumes divert to a possible container terminal at the Port of Newcastle - whether s 45 of the Competition and Consumer Act 2010 (Cth) contravened - purpose of allegedly anticompetitive conduct - whether purpose of ensuring…
Judge: Allsop CJ, Yates and Beach JJ - 16 Dec 2022:
Chief Executive Officer of the Australian Transaction Reports and Analysis Centre v TAB Ltd [2022] FCA 1522
PRACTICE AND PROCEDURE - respondents' application for extension of non-publication order - where order made for five years expiring in December 2022 - where need to suppress respondents' systems and processes to address risk of respondents' services being used for money laundering or terrorism financing substantially the same as at the time the…
Judge: Wigney J - 9 Dec 2022:
Australian Competition and Consumer Commission v Google LLC (No 2) [2022] FCA 1476
CONSUMER LAW - alleged contraventions of ss 18, 29, and 34 of the Australian Consumer Law (ACL) - where Google displayed a notification to Account Holders seeking their consent to various changes to the settings in their Google Accounts (Notification) - whether, by omission, Google's conduct in asking for consent, through the medium of the…
Judge: Yates J - 9 Dec 2022:
Australian Competition and Consumer Commission v BlueScope Steel Limited (No 5) [2022] FCA 1475
COMPETITION - alleged attempts to induce certain suppliers of flat steel products to contravene the Competition and Consumer Act 2010 (Cth) (Act) by arriving at an understanding containing cartel provisions - cartel provisions being provisions to control or maintain the price of flat steel products supplied in Australia - whether putative…
Judge: O'Bryan J - 23 Nov 2022:
Australian Competition and Consumer Commission v NQCranes Pty Ltd [2022] FCA 1383
COMPETITION - proceeding for civil contraventions of cartel provisions in Div 1 in Pt IV of the Competition and Consumer Act 2010 (Cth) - whether appropriate for court to make declarations of contraventions, impose civil penalties and order respondent to implement a compliance plan - where conduct serious - where mitigating factors present,…
Judge: Abraham J - 21 Oct 2022:
Di Gregorio v Lumi Finance Pty Ltd [2022] FCA 1256
PRACTICE AND PROCEDURE - costs - application for indemnity costs - application for costs order against solicitors
Judge: Moshinsky J - 14 Sep 2022:
Australian Competition and Consumer Commission v First Class Slate Roofing Pty Limited [2022] FCA 1093
COMPETITION LAW - cartel conduct - bid-rigging - admitted contraventions of s 45AJ and s 45AK of the Competition and Consumer Act 2010 (Cth) - application for pecuniary penalties and other relief - agreed orders
Judge: Yates J - 9 Sep 2022:
Australian Competition and Consumer Commission v Meta Platforms, Inc. (formerly Facebook, Inc.) [2022] FCA 1062
PRACTICE AND PROCEDURE -- application for an order under s 37AF of the Federal Court of Australia Act 1976 (Cth) prohibiting publication or other disclosure of an originating application and concise statement (initiating process), and other documents - whether an order is necessary to prevent prejudice to the proper administration of justice -…
Judge: Yates 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.
