Australian Competition and Consumer Commission v Cascade Coal Pty Ltd [2019] FCAFC 154

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Cascade Coal Pty Ltd [2019] FCAFC 154 Appeal from: Australian Competition and Consumer Commission v Cascade Coal Pty Ltd (No 3) [2018] FCA 1019

File number: NSD 1382 of 2018

Judges: JAGOT, BEACH AND BROMWICH JJ

Date of judgment: 4 September 2019

Catchwords: COMPETITION – arrangement or understanding restricting dealings in respect of the application process for exploration licences for coal in the Mount Penny and Glendon Brook areas of New South Wales – whether arrangement or understanding contained an exclusionary provision – whether corporate respondents were competitors or likely competitors – whether the relevant provision was entered into for the purposes of preventing, restricting or limiting the supply or acquisition of specified services – joint venture defence – whether alleged exclusionary provision was for the purposes of a joint venture – whether other elements of s 76C defence made out

Legislation: Mining Act 1982 (NSW) ss 13(4), 14, 120, 133(1), 133(2) Trade Practices Act 1974 (Cth) ss 4D, 4F, 45(2)(a)(i), 45(2)(b)(i), 76C

Cases cited: ASX Operations Pty Ltd v Pont Data Australia Pty Ltd (No 1) (1990) 27 FCR 460 Australian Competition and Consumer Commission v Olex Australia Pty Ltd [2017] FCA 222 Australian Competition and Consumer Commission v Yazaki Corporation (2018) 262 FCR 243 Australian Gas Light Company v Australian Competition and Consumer Commission (No 3) (2003) 137 FCR 317 J McPhee & Son (Australia) Pty Ltd v Australian Competition and Consumer Commission (2000) 172 ALR 532 News Ltd v South Sydney District Rugby League Football Club Ltd (2003) 215 CLR 563 Re Queensland Co-Operative Milling Association Ltd (1976) 25 FLR 169 Rural Press Limited v Australian Competition and Consumer Commission (2003) 216 CLR 53 Seven Network Limited v News Limited (2009) 182 FCR 160 United States v Reicher 983 F 2d 168 (10th Cir, 1992)