ACCC’s special leave application in Pacific National to be heard today

The ACCC’s application for Special Leave in the Pacific National merger case will be head today before the Full Court of the High Court at 10:30am.

See Court List.

Background

The ACCC had alleged that Pacific National’s acquisition of the Acacia Ridge Terminal from Aurizon would have the likely effect of substantially lessening competition contrary to s 50 of the CCA. The also alleged that a proposed terminal services contract would substantially lessen competition contrary to s 45. See original media release.

At trial Justice Beach rejected the ACCC’s case in respect of both s 45 and 50, but noted that he would have accepted the s 50 case but for an undertaking given by PN.

On appeal the full Federal Court held there was insufficient evidence the acquisition would result in a substantial lessening of competition.