The Federal Court has today published its judgment on liability in the ACCC v CFMEU case.

The ACCC commenced proceedings against the CFMEU in November 2014 alleging secondary boycott conduct in breach of section 45D of the CCA.

The Court also made non-publication and suppression orders which mean parts of the judgment are redacted.

The ACCC is unable to comment on the judgment due to the non-publication and suppression orders. Accordingly the ACCC will be making no further statements until such time as the non-publication and suppression orders are lifted.

“The ACCC is committed to bringing conduct we believe to be anti-competitive to court. We now have a dedicated Commercial Construction Unit focussing on the commercial construction industry,” Mr Sims said.

“Commercial construction is of fundamental importance to the Australian economy.”


Secondary boycotts are anti-competitive practices that can cause significant harm to the economy. Secondary boycott conduct involves at least two people acting in concert to hinder or prevent third parties from acquiring goods or services from, or supplying goods or services to, a fourth person, with the purpose and effect, or likely effect, of causing substantial loss or damage to the business of the fourth person.