Prysmian Cavi E Sistemi S.R.L. v Australian Competition and Consumer Commission [2018] FCAFC 30

FEDERAL COURT OF AUSTRALIA

Prysmian Cavi E Sistemi S.R.L. v Australian Competition and Consumer Commission [2018] FCAFC 30 Appeal from: Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi S.R.L. (No 12) [2016] FCA 822

File number: SAD 216 of 2017

Judges: MIDDLETON, PERRAM AND GRIFFITHS JJ

Date of judgment: 13 March 2018

Catchwords: COMPETITION – alleged contravention of Trade Practices Act 1974 (Cth) – price fixing and market sharing – where relevant markets are for land cables and submarine cables in Australia – where alleged overarching international cartel arrangement or understanding – whether subsequent alleged arrangement or understanding relating to a tender on a specific project contravened Act – whether subsequent alleged arrangement or understanding gave effect to alleged overarching cartel arrangement or understanding – whether participation of one cartel member in a specific project was necessary for contraventions by other members – whether issuing a price guidance and submitting a tender gave effect to alleged arrangements or understandings PRACTICE AND PROCEDURE – natural justice – whether findings of trial judge went beyond the case pleaded at trial

Legislation: Evidence Act 1995 (Cth) Trade Practices Act 1974 (Cth)

Cases cited: Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi S.R.L. (No 12) [2016] FCA 822 Betfair Pty Ltd v Racing New South Wales (2010) 189 FCR 356 Briginshaw v Briginshaw (1938) 60 CLR 336 Water Board v Moustakas (1988) 180 CLR 491