Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd (No 2) [2023] FCAFC 37

Federal Court of Australia

Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd (No 2) [2023] FCAFC 37 Appeal from: Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd [2021] FCA 720 Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd (No 2) [2021] FCA 1040

File number: NSD 751 of 2021

Judgment of: ALLSOP CJ, YATES AND BEACH JJ

Date of judgment: 16 March 2023

Catchwords: COMPETITION – where provisions of port commitment deeds required the State to compensate port operators if certain container volumes divert to a possible container terminal at the Port of Newcastle – where claims of anti-competitive conduct contrary to law were made – where appeal dismissed but reasons not yet published to the public PRACTICE AND PROCEDURE – whether redactions to preserve confidentiality of information ought to be made under the Federal Court of Australia Act 1976 (Cth) – where suppression orders made by the primary judge – where there is an ongoing risk of prejudice to public and commercial interests COSTS – question of appropriate orders as to costs – where parties are agreed

Legislation: Federal Court of Australia Act 1976 (Cth) s 37AG(1)(a) Port of Newcastle (Extinguishment of Liability) Act 2022 (NSW)