High Court dismisses ACCC - APCO special leave application

The High Court, comprising Chief Justice Gleeson and Justice Hayne, has dismissed the Australian Competition and Consumer Commission's application for special leave to appeal the Full Federal Court decision in respect of APCO and Mr Anderson. 

On Friday the High Court concluded that the Full Federal Court decision did not raise any serious issue of interpretation of the provisions of the Trade Practices Act 1974 and was determined on the factual situation of the matter as found by the Full Federal Court.

Consequently no point of special leave arose and as such the ACCC's application was dismissed with costs.

Background

The decision of the Full Federal Court, handed down on 17 August 2005, upheld the appeal by APCO against an earlier judgment that it had been part of an understanding to fix retail petrol prices in the Ballarat area and given effect to that understanding on 29 days.

The Full Court also upheld Mr Anderson's appeal against the judgment that he was knowingly concerned in the APCO's conduct.

APCO said it was not a party to the price fixing found by Justice Merkel. The Full Court distinguished APCO from the other parties and was not satisfied Apco's conduct demonstrated a necessary commitment to the pricing conduct of the other parties. It ordered that the orders and declarations made by Justice Merkel on 17 December 2004 and 17 March 2005 be set aside insofar as they affect APCO and Mr Peter Anderson.

The ACCC was also ordered to pay the appellants' costs of the appeal and the first proceedings.