The Full Court of the Federal Court’s recent decision on Pacific National’s proposed acquisition of the Aurizon’s Acacia Ridge rail terminal sheds light on the interpretation and application of s 50 of the Competition and Consumer Act 2010 (Cth), and the use of undertakings in merger litigation.
Author: Daniel Clough
This note examines current issues in the application of competition law to non-horizontal mergers, with particular reference to the recent decision of the Federal Court in the Pacific National case, and the arguments raised in the appeal to the Full Court.
For ACL buffs, Treasury’s current Consultation Regulation Impact Statement is a doozy. Reading between the lines, it seems to suggest that unfair contract terms may soon be outlawed once and for all.
In two similar cases, the Full Court of the Federal Court has clarified the analysis of competition between a producer who retails its own product and brokers or agents who retail that product and the products of the firm’s competitors.