Competition Law Cases
Merger cases
Note that since 1 January 2026 a new administrative regime has operated for mergers in Australia. Pre-merger notification is now required for most mergers likely to raise competition concerns and while litigation is possible for residual cases, it would appear unlikely.
There have been very litigated merger cases in Australia. Prior to the introduction of the administrative regime in 2026 merger tests in Australia have applied as follows:
1974-1977: effect of substantial lessening of competition
1977-1992: result in or substantially strengthen a 'position to control or dominate a market'
1993-2025: effect (or likely effect) of substantially lessening competition (still applies to mergers not required to be notified)
For more detail on the history of the merger law see merger page.
Cases decided under competition test (operating until end-2025)
ACCC v IVF Finance Pty Ltd (No 2)
[2021] FCA 1295
Held: Interlocutory injunction granted (subsequently discontinued)
Trial judge
Justice O’Bryan
ACCC v Pacific National Pty Limited
[2020] FCAFC 77 (6 May 2020)
[2019] FCA 669 (15 May 2019)
Held: No SLC
Trial Judge (Federal Court)
Justice Beach
Appeal judges (Full Federal Court)
Justice Middleton
Justice Perram
Justice O'Bryan
NOTE: ACCC applied for special leave to appeal but it was refused
ACCC v Metcash Trading Limited
[2011] FCA 967; [2011] FCAFC 151 (appeal)
Held: No SLC
In brief: ACCC alleged proposed Metcash acquisition of Franklins stores would contravene the Act. They failed at first instance and again on appeal to the full Federal Court; no further appeal was made.
Trial Judge (Federal Court)
Justice Emmett
Appeal judges (Full Federal Court)
Justice Finn
Justice Buchanan
Justice Yates
Injunction application
Justice Jacobson
Australian Gas Light Company v ACCC (No 3)
[2003] FCA 1525
AGL sought (and obtained) declaration proposed merger would not contravene Act.
Trial Judge (Federal Court)
Justice French
ACCC v Pioneer International Limited and Pioneer Building Products (Qld) Pty Ltd
(unreported, Fed Ct, 20 December 1996)
Federal Court of Australia
Trial Judge
Justice Lockhart (unreported)
In brief
$4.8m plus costs ordered for contravention of s 50. No defence filed. Penalties agreed. No written Court decision was produced. These were the first proceedings resulting in a pecuniary penalty under s 50 of the Trade Practices Act 1974.
Cases decided under previous dominance test (1977-1992)
Arnotts Limited v TPC
(1990) ATPR para 41-061; (1990) 97 ALR 555; (1990) 24 FCR 313
Merger - market definition (different types of biscuits)
QIW Retailers Ltd v Davids Holdings
(1993) ATPR 41-226
Mergers; Trade Practices Economics
Davids Holdings v Attorney-General (1994) 49 FCR 211
The unsuccessful appeal from QIW v Davids
Last updated: 1 August 2020