Competition Law Cases

Merger cases

 

There have been very litigated merger cases in Australia. The 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- current: effect (or likely effect) of substantially lessening competition

For more detail on the history of the merger law see merger page.

 

Cases decided under current competition test

 
 

ACCC v IVF Finance Pty Ltd (No 2)

[2021] FCA 1295

Held: Interlocutory injunction granted (subsequently discontinued)

Trial judge
Justice O’Bryan

 
 
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Vodafone v ACCC

[2020] FCA 117 (13 Feb 2020)

Held: No SLC

Trial judge
Justice Middleton

 
 
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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

 
 
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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

 
 
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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

 
 
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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)

 
 
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Arnotts Limited v TPC

(1990) ATPR para 41-061; (1990) 97 ALR 555; (1990) 24 FCR 313

Merger - market definition (different types of biscuits)

 
 
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TPC v Australia Meat Holdings Pty Ltd

(1988) 83 ALR 299

Focus on market definition

 
 
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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