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It’s all happening in Australian competition law ?>

It’s all happening in Australian competition law

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It’s all happening in Australian competition law. In the last blog post I noted that the Harper reforms to Australia’s competition law had commenced. That was six months ago.  I’ve fallen a tad behind on the blog … here’s a brief re-cap of key events over the past six months, with some more detailed posts to follow over the next few weeks: Digital Platform Inquiry On 4 December 2017 the Australian Treasurer, Scott Morrison, directed the ACCC to conduct an…

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Reasons out in Tabcorp ?>

Reasons out in Tabcorp

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The reasons for judgment have been released in the Tabcorp/Tatts judicial review matter – sooner than expected. Of the ACCC’s three grounds of judicial review only the first succeeded; the Court held that the Tribunal erred in not assessing certain detriment alleged by the ACCC. The ACCC’s Grounds of Appeal The ACCC’s three grounds of appeal were that: that the Tribunal was wrong to reason that it could only conclude the acquisition would result in a detriment if it found there…

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First criminal cartel conviction: some initial thoughts ?>

First criminal cartel conviction: some initial thoughts

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In brief Yesterday (3 August 2017) the Federal Court convicted and fined Nippon Yusen Kabushiki Kaisha (NYK) for cartel conduct.  The fine is significant in that it represents the first time that a corporation has been convicted and fined under the criminal cartel laws, introduced in Australia in 2009. The cartel conduct the subject of the proceeding was said to have occurred since 1997 but, because Australia’s criminal cartel laws were only introduced in 2009, the charge related only to…

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First criminal cartel fine: $25 million ?>

First criminal cartel fine: $25 million

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First criminal cartel fine The Federal Court today convicted Nippon Yusen Kabushiki Kaisha (NYK) of criminal cartel conduct and ordered it to pay a fine of $25m (Commonwealth Director of Public Prosecutions v Nippon Yusen Kabushiki Kaisha [2017] FCA 876). This was the first successful prosecution under Australia’s criminal cartel provisions which have been in place since 2009. The fine includes a significant discount (50%) for an early guilty plea, cooperation and contrition). Quick summary and background In 2016, following…

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ACCC appeals Tribunal’s Tabcorp/Tatts merger authorisation ?>

ACCC appeals Tribunal’s Tabcorp/Tatts merger authorisation

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The ACCC has applied to the Federal Court for a judicial review of the Australian Competition Tribunal’s recent Tabcorp/Tatts merger authorisation decision. Background I outlined the Tribunal’s Tabcorp decision in an earlier blog (Tribunal Clears Tabcorp/Tatts Merger (ACL Blog, 30 June 2017)) and provided some more detailed information and case extracts on my my Tabcorp case page). Briefly the Tribunal has the power to authorise a proposed merger/acquisition (s 95AT) on public benefit grounds, provided satisfied that the ‘proposed acquisition would…

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High Court finds for ACCC in Flight Centre appeal ?>

High Court finds for ACCC in Flight Centre appeal

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The High Court today handed down its decision in the Flight Centre appeal.  The five High Court judges produced four different sets of reasons.  The majority of four-one (Chief Justice French dissenting) concluded that the ACCC’s appeal ought to be allowed.  They reached this conclusion on substantially the same grounds. The ACCC argued that Flight Centre had attempted to induce Singapore Airlines, Malaysia Airlines and Emirates not to discount the tickets they sold directly to customers, that Flight Centre was in competition with those…

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