Norcast S.ár.L v Bradken Limited (No 2) [2013] FCA 235

FEDERAL COURT OF AUSTRALIA

Norcast S.Ár.L v Bradken Limited (No 2) [2013] FCA 235 Citation: Norcast S.Ár.L v Bradken Limited (No 2) [2013] FCA 235

Parties: NORCAST S.ÁR.L v BRADKEN LIMITED, NICHOLAS FRANK HUGO GREINER and BRIAN HODGES

File number: VID 356 of 2012

Judge: GORDON J

Date of judgment: 19 March 2013

Catchwords: TRADE PRACTICES – cartel conduct – bid rigging – requirement of a request for bids – requirement of a provision with the purpose of ensuring that one party bids but another party does not – requirement of a contract, arrangement of understanding – requirement that parties to bid rigging arrangement be in competition with one another – exception where arrangement concerns the acquisition of shares in a body corporate – conduct engaged in outside of Australia – accessorial liability – Competition and Consumer Act 2010 (Cth), Pt IV, Div 4 TRADE PRACTICES – misleading or deceptive conduct – misleading or deceptive conduct by silence – whether necessary to adduce evidence of reliance upon representations – conduct engaged in outside of Australia – accessorial liability – proportionate liability – Competition and Consumer Act 2010 (Cth), Sch 2, Pt 2-1

Legislation: Acts Interpretation Act 1901 (Cth) Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Evidence Act 1995 (Cth) Fair Trading Act 1987 (NSW) Trade Practices Act 1974 (Cth) Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Cth) Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 (Cth)