Obeid v Australian Competition and Consumer Commission [2014] FCA 839

FEDERAL COURT OF AUSTRALIA

Obeid v Australian Competition and Consumer Commission [2014] FCA 839 Citation: Obeid v Australian Competition and Consumer Commission [2014] FCA 839

Parties: MOSES EDWARD OBEID and PAUL OBEID v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION and DELIA ANN RICKARD

File number: NSD 490 of 2014

Judge: FARRELL J

Date of judgment: 8 August 2014

Catchwords: TRADE PRACTICES – challenge to validity of notices issued pursuant to s 155 of the Competition and Consumer Act 2010 (Cth) – whether notices identify a matter that constitutes or may constitute a contravention of the Act – alleged anti-competitive contract, arrangement or understanding in contravention of s 45 – alleged cartel conduct under ss 44ZZRG or 44ZZRK – contract, arrangement or understanding entered into in relation to tender process conducted under the Mining Act 1992 (NSW) – definition of "services" under s 4(1) of the Competition and Consumer Act 2010 (Cth) – nature of services specified in the s 155 notices – whether identified conduct within ordinary meaning of "services" TRADE PRACTICES – definition of "services" – whether ordinary meaning of services restricted to activities undertaken "in trade or commerce" – whether identified services conducted in trade and commerce – competitive tender process

Legislation: Coal Acquisition Act 1981 (NSW) Competition and Consumer Act 2010 (Cth) Mining Act 1922 (NSW) Mining Regulations 2003 (NSW) Trade Practices Act 1965 (Cth) Trade Practices Act 1974 (Cth) Trade Practices Amendment Act 1977 (Cth) Trade Practices Amendment Bill 1977 (Cth)