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Current Australian competition cases

Current cases and recent decisions (where ACCC, ACT or CDPP is a party) and select private actions

Chronological Current cases Merger cases Link to High Court cases

 

Federal Law Search

Further details on current cases can be found from the Federal Law Search website

 

First instance (public cases: civil)

ACCC v NSW Ports Operations Hold Co Pty Ltd

Shipping containers
Applicant ACCC
Respondents NSW Ports Operations Hold Co Pty Ltd ('NSW Ports')
Port Botony Operations Pty Ltd (subsidiary or NSW Ports)
Port Kembla Operations Pty Ltd (subsidiary or NSW Ports)
Filing date 10 December 2018
Docket Justice Jagot
Claims Anti-competitive agreement (purpose and effect)
Status Case Management Hearing listed for 20 August 2019
Case page See NSW Ports case page for further details

Ramsay Health Care

Surgery
Applicant ACCC
Respondents Ramsay Health Care Australia Pty Ltd
Filing date 1 May 2017
Registry NSW
Docket Justice Griffiths
Claims Misuse of Market Power and Exclusive Dealing
Hearing Hearing listed from 2-13 December
Case page Ramsay Health Care case page for further details

Vodafone v ACCC

Broadband
Applicant Vodafone Hutchison Australia Pty Limited
Respondents ACCC / TPG
Filing date 24 May 2019
Docket Justice Middleton
Registry New South Wales
Issue Mergers
Hearing Commencing 10 September 2019 (listed until 1 October 2019)
Case page See Vodafone case page for further details

 

First instance (public cases: criminal)

CDPP v ANZ, Deutsche Bank, Citigroup and others

Piggy banks
Prosecutor Commonwealth Director of Public Prosecutions
Accused Australia and New Zealand Banking Group Ltd
Citigroup Global Markets Australia Pty Ltd
Deutsche Bank Aktiengesellschaft
John McLean
Itay Tuchman
Stephen Roberts
Michael Ormaechea
Michael Richardson
Rick Moscati
Court Originally listed for Downing Centre Local Court in Sydney on 3 July 2018
More See CDPP v ANZ & Ors case page for further details

 

CDPP v CFMMEU

Reinforcement
Prosecutor Commonwealth Director of Public Prosecutions
Accused Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)
Jason O'Mara (ACT Divisional Branch Secretary of CFMMEU)
Next hearing ACT Magistrates - August 2019.
Claim Cartel conduct - alleged attempted to induce 'suppliers of steelfixing services and scaffolding services to reach cartel contracts, arrangements or understandings containing cartel provisions in relation to services provided to builders in the ACT in 2012 to 2013'.
More See CDPP v CFMMEU case page for further details

 

CDPP v The Country Care Group and its managers

Wheelchair on beach
Prosecutor Commonwealth Director of Public Prosecutions
Accused The County Care Group
Robert Hogan (Managing Director)
Cameron Harrison (Former employee)
Court Originated Magistrates' Court
On 13 March 2019, committed to trail in Federal Court
Federal Court filing date 14 March 2019
Next listing Second case management hearing listed for 9:30am on 2 July 2019
Trial Listed to commence on 14 October 2019 with estimated duration of 6 weeks (currently listed until 10:15)
Docket Justice Bromwich
Details See Country Care case page for more details

 

CDPP v Vina Money Transfer Pty Ltd & Ors

Stock exchange - computer
Prosecutor Commonwealth Director of Public Prosecutions
Accused Vina Money Transfer Pty Ltd
Five individuals
Filed 11 April 2019
Court Melbourne Magistrates' Court
Committal Committal mention set for 18 July 2019 at 10am
Details See my Vina Money case page for more details

 

Appeal

Pacific National train
Image: By Tjbulic (Own work) [CC BY-SA 4.0 (https://creativecommons.org/licenses/by-sa/4.0)], via Wikimedia Commons
Appellant ACCC
Respondent Pacific National Pty Limited
Filed 26 June 2019
Court Federal Court of Australia (Victorian Registry)
Next event TBA
Appeal from ACCC v Pacific National Pty Limited (No 2) [2019] FCA 669 (15 May 2019)
Details See my Pacific National appeal case page for more details

 

Special leave applications

None pending

 

Penalty decisions pending

None pending

 

Judgment reserved

ACCC v Cascade Coal Pty Ltd & Ors

Open pit mining
Applicant external link ACCC
Respondents Cascade Coal Pty Ltd and others
Filing date 3 August 2018 (appeal)
Judges Justices Jagot, Beach and Bromwich
Claim Bid Rigging
Judgment reserved ACCC v Cascade Coal Pty Ltd (No 3) [2018] FCA 1019 (4 September 2019)
Judgment reserved 27 February 2019
Appeal from external link Australian Competition and Consumer Commission v Cascade Coal Pty Ltd (No 3) [2018] FCA 1019 (Revised on 15 August 2018) (Jade)
More See my Cascade Coal case page for further details

 

First instance (private claims)

B&K Holdings (Qld) Pty Ltd v Garmin Australasia Pty Ltd

Applicant B&K Holdings (Qld) Pty Ltd
Respondent Garmin Australasia Pty Ltd
Filing date 8 February 2018 (external link QUD 66/2018)
Judge Justice Derrington
Hearing 9-20 March 2020
Claims Misuse of market power - predatory pricing - exclusive dealing - misleading or deceptive conduct
Summary judgment Application dismissed 7 February 2019
Notes See my B&K Holdings case page for further details

 

Dialogue Consulting Pty Ltd v Instagram, Inc & Ors

Applicant Dialogue Consulting Pty Ltd
Respondents Instagram Inc
Facebook Inc
Facebook Ireland Limited
Instagram LLC
Filing date 11 April 2019 (external link VID369/2019)
Judge Justice Beach
Next event Case management hearing on 15 November 2019
Claims TBC - Unconscionable conduct - misuse of market power
More See my Dialogue v Instagram page for further details

 

J Wisbey & Associates Pty Ltd v UBS AG & Ors

stockexchange computer image
Applicant J Wisbey & Associates Pty Ltd

Respondents

 

 

UBS AG (ABN 47088129613)
Natwest Parkets PLC (Sc090312)
JPMorgan Chase Bank NA (ABN 43074112011)
Citibank NA (ABN 34072814058)
Barclays Bank PLC (01026167)

Filing date 27 May 2019 (external link VID567/2019)
Docket Justice Beach
Hearing Next Case Management Hearing: 14 November 2019 at 9:30am
Claims Cartel conduct (class action)
Notes See my J Wisbey case page for further details