Judicial Profiles
The Hon John Middleton
Judge, Federal Court of Australia (Melbourne)
President, Australian Competition Tribunal
Relevant qualifications and honours
LLB (Hons) University of Melbourne- Bachelor of Civil Law (Honours) University of Oxford
- Admitted to practice (Victoria) 1976
- Appointed Queen’s Counsel for Victoria in 1991
- Awarded Centenary Medal in 2003
Relevant work history
2006 - current: Judge, Federal Court of Australia (Melbourne) (appointed 31 July 1996) - July 2016 - current: President of the Austrlaian Competition Tribunal (five year appointment)
- 2009 - 2016: Deputy President of the Australian Competition Tribunal (appointment effective from 16 February 2009)
- 1991 - Appointed Queen's Counsel for the State of Victoria
- 1979 - called to the Bar
- Associate to Sir Ninian Stephen (then Justice of the High Court of Australia)
Relevant judgments
Court
- ACCC v Pfizer [2018] FCAFC
Appeal re: misuse of market power and exclusive dealing claims
- ACCC v v Cement Australia Pty Ltd [2017] FCAFC 159
Appeal against penalty in s 45 case
- Australian Competition and Consumer Commission v Telstra Corporation Limited [2010] FCA 790 (28 July 2010)
Justice Middleton penalised Telstra $18.55 million for denying competitors access to infrastructure
- BHP Billiton Iron Ore Pty Ltd v NCC [2006] FCA 1764
Access - Justice Middleton granted Fortescue's application for a declaration that certain bulk oron ore rail track transportation services constituted a service within the meaning of Part IIIA of the Act. An appeal to the full Federal Court was dismissed (see BHP Billiton Iron Ore Pty Ltd v NCC [2007] FCAFC 157). A further appeal to the High Court was also dismissed (see BHP Billiton Iron Ore Pty Ltd v NCC [2008] HCA 45 (24 September 2008)).
- More forthcoming
Tribunal
Relevant speeches and publications
- Justice John Middleton, 'What will the Australian Competition Tribunal do now without Limited Merits Review?' (FCA) [2018] FedJSchol 7
- Also published as 'What will the Australian Competition Tribunal Do Now without Limited Merits Revew?' (2018) 26 CCLJ 103
- 'The Trade Practices Legislation Amendment Act 2008 (Cth) and s 46 of the Trade Practices Act 1974 (Cth) – will anything really change?', Twentieth Annual Worksshop of the Competition Law and Policy Institute of New Zealand, 8 August 2009
- 'Expert Economic Evidence', 5th Annual University of South Australia Trade Practices Workshop, 19-20 October 2007, [2007] Federal Judicial Scholarship 21
