Australian Competition and Consumer Commission v Tasmanian Ports Corporation Pty Ltd [2021] FCA 482

Federal Court of Australia

Australian Competition and Consumer Commission v Tasmanian Ports Corporation Pty Ltd [2021] FCA 482 File number(s): VID 1328 of 2019

Judgment of: DAVIES J

Date of judgment: 7 May 2021

Catchwords: COMPETITION – imposition of a "Marine Precinct Tonnage Charge" (MPTC) after advice of intention to obtain towage and pilotage services from another port services provider – substantial degree of market power – MPTC advised to be payable for the performance of regulatory responsibilities to the State of Tasmania – no assessment of costs of performing these responsibilities – no legal right to request MPTC – charge imposed as a direct response to the attempted entry of a competitor – commercial likelihood of raising future costs of acquiring services from a competitor - conduct had the "likely effect" of substantially lessening competition in the towage market and the pilotage market. PRACTICE AND PROCEDURE – declaratory relief in circumstances where no other relief sought or granted – utility in declaratory relief in cases involving regulatory bodies and the public interest – declaratory relief to deter other corporations.

Legislation: Competition and Consumer Act 2010 (Cth) ss 46(1), 76(1), 80, 87B Federal Court of Australia Act 1976 (Cth) s 21

Cases cited: Australian Competition & Consumer Commission v Eurong Beach Resort Ltd [2005] FCA 1134 Australian Competition and Consumer Commission v Coles Supermarket Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v Woolworths (South Australia) Pty Ltd (2003) 198 ALR 417; [2003] FCA 530 Australian Competition and Consumer Commission v Woolworths (South Australia) Pty Ltd [No 2] [2004] FCA 128