Australian Competition & Consumer Commission v Visy Industries [2006] FCA 136

FEDERAL COURT OF AUSTRALIA Australian Competition & Consumer Commission v Visy Industries [2006] FCA 136

TRADE PRACTICES – allegations of price fixing and market sharing arrangements contrary to Pt IV of the Trade Practices Act 1974 (Cth) – immunity granted to other party to alleged arrangements (Amcor) – confidentiality of contents of Amcor documents – whether Amcor documents referred to in amended statement of claim should be produced to respondents – procedural fairness – centrality of documents to case against respondents – use of documents produced to be restricted to proper purposes – Harman undertaking implied – construction of s 157 of the Trade Practices Act – relevance of Amcor disclosing documents to ACCC Trade Practices Act 1974 (Cth), Pt IV, s 157(1) Federal Court Rules, O 15 rr 1, 5, 8 and 10 Australian Competition and Consumer Commission v McMahon Services Pty Ltd (2004) ATPR 41-996 cited Ex parte Fielder Gillespie Limited [1984] 2 Qd R 339 cited Harman v Secretary of State for the Home Department [1983] AC 280 cited Mobil Oil Australia Ltd v Guina Developments Pty Ltd [1996] 2 VR 34 discussed Trade Practices Commission v TNT Management Pty Ltd (1981) 39 ALR 665 discussed AUSTRALIAN COMPETITION & CONSUMER COMMISSION v VISY INDUSTRIES HOLDINGS PTY LTD & ORS VID 1650 OF 2005 HEEREY J 23 FEBRUARY 2006 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1650 OF 2005

BETWEEN: AUSTRALIAN COMPETITION & CONSUMER COMMISSION

APPLICANT

AND: VISY INDUSTRIES HOLDINGS PTY LIMITED

(ACN 005 787 968)

FIRST RESPONDENT

VISY INDUSTRIES AUSTRALIA PTY LIMITED

(ACN 004 337 615)

SECOND RESPONDENT

VISY BOARD PTY LIMITED

(ACN 005 787 913)