ACCC seeks leave to intervene in Bradken Limited & Ors V Norcast

12 September 2013

The Australian Competition and Consumer Commission has sought leave of the Full Federal Court to intervene in an appeal from the judgment in Norcast v Bradken Ltd [2013] FCA 235.

The ACCC is seeking to make submissions on the interpretation of the cartel provisions of the Competition and Consumer Act 2010 (CCA), which have not yet been considered by appellate courts. The ACCC has decided to seek leave to intervene in this matter because the proceedings raise important points of law that are relevant to the interpretation of CCA.  The principal legal issues in respect of which the ACCC seeks to make submissions relate to:

  • the extraterritorial application of the cartel provisions in the CCA, and
  • the interpretation of s44ZZRU of the CCA that excludes, in particular circumstances, the acquisition of shares or assets from the application of the cartel provisions in the CCA.

The ACCC does not intend to make submissions on purely factual matters that are being contested by the private parties in the appeal.

The ACCC does not intend to make any further statement pending the consideration of the application to intervene by the Court.

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