ACCC strikes out on PN Aurizon appeal

The ACCC has dismissed the ACCC’s appeal against a 2019 Federal Court decision which found that Pacific National’s acquisition of Acacia Ridge Terminal in Brisbane would not substantially lessen competition as a result of undertakings given by PN. As a result of the appeal the acquisition can proceed without that undertaking.

ACCC Chair, Rod Sims, described it as a ‘sad day for the economy’ because the ACCC considers ‘the prospects of competition in rail freight have been significantly diminished’.

The ACCC is considering the judgment.

See ACCC media release.

See Federal Court (appeal) decision: ACCC v Pacific National Pty Ltd [2020] FCAFC 77

See Federal Court (trial) decision: ACCC v Pacific National Pty Limited (No 2) [2019] FCA 669 (FCA page)