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))

• 25 Sep 2023: Australian Competition and Consumer Commission v BlueScope Steel Limited (No 7) [2023] FCA 1140
  PRACTICE AND PROCEDURE - Rule 39.05(h) of the Federal Court Rules 2011 (Cth) - the "slip rule" - application to correct error in order made imposing pecuniary penalty on second respondent - principles governing operation of r 39.05(h) - order made
  Judge: O'Bryan J
• 20 Sep 2023: Australian Energy Regulator v Pelican Point Power Ltd [2023] FCA 1110
  CONSUMER LAW -- application for declarations of contraventions of National Electricity Rules (NER) pursuant to s 44AAG(1) of the Competition and Consumer Act 2010 (Cth) -- where on 8 February 2017, a day Adelaide recorded a maximum temperature of 42.4 degrees Celsius, the Australian Energy Market Operator (AEMO) had to issue a direction to…
  Judge: Besanko J
• 7 Sep 2023: Australian Competition and Consumer Commission v Swift Networks Pty Ltd [2023] FCA 1064
  COMPETITION - proceeding for civil contraventions of s 45AJ and s 45AK of the Competition and Consumer Act 2010 (Cth) - cartel conduct - bid rigging - where former employees of the respondent engaged in conduct which breached the cartel provisions of the Competition and Consumer Act 2010 (Cth) - where conduct involved arranging prices of bids or…
  Judge: Colvin J
• 29 Aug 2023: Australian Competition and Consumer Commission v BlueScope Steel Limited (No 6) [2023] FCA 1029
  COMPETITION - application for the imposition of pecuniary penalties and other relief under Pt VI of the Competition and Consumer Act 2010 (Cth) for conduct constituting an attempt to induce an understanding containing cartel provisions - relevant penalty considerations in the case of an attempt to induce a contravention - relevance of the…
  Judge: O'Bryan J
• 2 Aug 2023: Australian Securities and Investments Commission v Valvo [2023] FCA 895
  PRACTICE AND PROCEDURE -- joint application by parties for suppression orders over parts of originating process and affidavit -- where first hearing for ex parte interim relief determined -- where affidavit read in open court on ex parte application -- where subsequent inter partes hearing -- third party request by journalist for purposes of fair…
  Judge: Cheeseman J
• 1 Aug 2023: Australian Competition and Consumer Commission v Delta Building Automation Pty Ltd [2023] FCA 880
  COMPETITION - proceeding for civil contraventions of s 45AJ of the Competition and Consumer Act 2010 (Cth) - cartel conduct - bid rigging - whether the respondents attempted to make an arrangement or arrive at an understanding containing a cartel provision, or attempted to induce a competitor to do the same - held: contraventions established;…
  Judge: Bromwich J
• 22 Jun 2023: Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd (No 3) [2023] FCA 713
  PRACTICE AND PROCEDURE - where proceeding stayed pending determination of proceeding commenced by Australian Competition and Consumer Commission (ACCC) - where ACCC proceeding and appeal now finalised - matter to be progressed with case management imperatives in Pt VB of the Federal Court of Australia Act 1976 (Cth) in mind PRACTICE AND PROCEDURE…
  Judge: Lee J
• 19 Jun 2023: Engage Marine Pty Ltd v Tasmanian Ports Corporation Pty Ltd [2023] FCA 665
  PRACTICE AND PROCEDURE - application under r 2.34(2) of the Federal Court Rules 2011 (Cth) to inspect and make copies of restricted documents - whether grant of access pursuant to r 2.34(2) an appropriate exercise of the Court's discretion - application granted in respect of restricted documents to which access is not opposed - order for…
  Judge: O'Bryan J
• 13 Apr 2023: Australian Competition and Consumer Commission v Ashton Raggatt McDougall Pty Ltd [2023] FCA 351
  COMPETITION - cartel conduct - where director of a firm of architects sent two emails to eight architectural firms requesting that they not submit a tender for a large development project - where the emails were retracted shortly after the second email was sent - where the firm of architects admitted that, through the conduct of the director, it…
  Judge: Moshinsky J
• 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

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