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
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