A business that is planning an activity that will or may breach competition law can seek an exemption. This gives the business protection from legal action over the conduct.
The Federal Court has found that construction company J Hutchinson Pty Ltd (Hutchinson) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) entered an agreement to boycott a subcontractor at a building site in Brisbane, in proceedings brought by the ACCC.
The Federal Court has dismissed the ACCC’s proceedings against NSW Ports Operations Hold Co Pty Ltd and its subsidiaries Port Botany Operations Pty Ltd and Port Kembla Operations Pty Ltd (together: NSW Ports).
The proceedings concerned agreements, known as Port Commitment Deeds, which were entered into as part of the privatisation of Port Botany and Port Kembla by the NSW Government in May 2013, for a term of 50 years.