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
- 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 - 2 May 2024:
Currie v SPS Energy (Sunshine Coast) Pty Ltd [2024] FCA 478
PRACTICE AND PROCEDURE - where the respondent allegedly installed a solar panel system, including a battery, on the applicant's property in Queensland - where a fire allegedly resulted from the respondent's installation of the system - where the applicants allege breaches of the Australian Consumer Law - where the alleged damages are…
Judge: Logan J - 11 Apr 2024:
Australian Securities and Investments Commission v Noumi Ltd [2024] FCA 349
EVIDENCE - informal discovery - claim of legal professional privilege over investigation report and communications protocol - whether privilege attaches to these communications - requirements of legal professional privilege - held that privilege attaches to the relevant communications EVIDENCE - informal discovery - waiver - whether privilege…
Judge: Shariff J - 27 Mar 2024:
Australian Energy Regulator v Pelican Point Power Ltd (No 3) [2024] FCA 277
CONSUMER LAW -- where held in principal reasons that the Australian Energy Regulator (AER) was successful in establishing that Pelican Point Power Ltd's (PPPL) Short Term PASA inputs submitted after 3 February 2017 at 12.14 pm contravened cl 3.7.3(e)(2) National Electricity Rules (NER) -- where at the outset of the proceedings the Court made an…
Judge: Besanko J - 29 Feb 2024:
J Hutchinson Pty Ltd v Australian Competition and Consumer Commission [2024] FCAFC 18
COMPETITION LAW - industrial law - appeals from orders made as to liability and penalty for making, and giving effect to, an arrangement, or arriving at an understanding, containing a provision preventing or hindering the appellant from acquiring services from a subcontractor, contravening ss 45E(3) and 45EA of the Competition and Consumer Act… 329 IR 147
Judge: Wigney, Bromwich and Anderson JJ - 27 Feb 2024:
J Wisbey & Associates Pty Ltd v UBS AG (No 2) [2024] FCA 147
CORPORATIONS - representative proceedings - foreign currency instruments - alleged cartel conduct - estimating group members' damages - practice and procedure - potential mediation - opt out procedures - registration process - soft closure orders
Judge: Beach J - 30 Nov 2023:
Australian Competition and Consumer Commission v Techtronic Industries Australia Pty Ltd [2023] FCA 1574
COMPETITION - application for relief for respondent's breach of s 48 of the Competition and Consumer Act 2010 (Cth) - resale price maintenance - where respondent wholesale supplier contravened s 48 on 128 occasions - where following mediation parties filed a joint statement of agreed facts and joint submissions - where joint submissions…
Judge: Colvin 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.
