Australian Competition and Consumer Commission v Australian Egg Corporation Limited [2016] FCA 69

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Australian Egg Corporation Limited [2016] FCA 69 File number: SAD 121 of 2014

Judge: WHITE J

Date of judgment: 10 February 2016

Catchwords: Competition – allegation of attempt to induce cartel conduct in contravention of the Competition and Consumer Act 2010 (Cth) – whether respondents intended to bring about arrangement or understanding to limit the production or supply of eggs for sale – whether crown immunity applies in the case of the Australian Egg Corporation Ltd – conduct engaged in on behalf of body corporate – whether directors of corporate respondents acting within scope of actual or apparent authority – circumstantial case – attempt to induce cartel conduct not proved

Legislation: Competition and Consumer Act 2010 (Cth) ss 2A, 2AP, 4, 44ZZRJ, 44ZZRD, 76, 80, 84 Corporations Act 2001 (Cth) Egg Industry Services Provision Act 2002 (Cth) ss 6, 7, 9 Egg Industry Services Provision Bill 2002 Egg Industry Services Provision (Transitional and Consequential Provisions) Act 2002 (Cth) Evidence Act 1996 (Cth) s 140 Fair Trading Act 1987 (NSW) Primary Industries (Excise) Levies Act 1999 Primary Industries (Excise) Levies Regulations 1999 Primary Industries Levies and Charges Collection Act 1999 (Cth) Primary Industries Research and Development Act 1989 (Cth) ss 8, 17, 60, 143