Application by Fortescue Metals Group Limited [2006] ACompT 6

AUSTRALIAN COMPETITION TRIBUNAL

Application by Fortescue Metals Group Limited [2006] ACompT 6 TRADE PRACTICES – review ofdecision ofdesignated Minister to not declare service – application for intervention – whether s 109(2) of the Trade Practices Act 1974 (Cth) applies – relevant test to be applied.

Trade Practices Act 1974 (Cth): ss 44G, 44H, 44K, 44ZQ, 90A, 101, 109(2), 152CO Acts Interpretation Act 1901 (Cth): s 13 Trade Practices Regulations 1974: reg 22B(2)

Re Freight Victoria Limited (2002) ATPR 41‑884, followed Lakes R Us Pty Ltd [2006] A CompT 3, followed Kioa v West (1985) 159 CLR 550, applied Re Application by Wylie Steel Pty Ltd (1980) ATPR 40‑170, cited Re Telstra Corporation Limited (2001) 160 FLR 120, followed Re Application by Orica IC Assets Limited (2004) ATPR 41‑991, discussed Re Application by PK Wakeman (1999) ATPR 41‑675, cited Re Qantas Airways Limited (2003) ATPR 41‑972, discussed Hamersley Iron Pty Ltd v National Competition Council (1999) 164 ALR 203, cited File No 5 of 2006 RE: APPLICATIONFORREVIEWOFTHE DEEMED DECISION BY THE COMMONWEALTH TREASURER OF 23 MAY 2006 UNDER SECTION 44H(9) OF THE TRADE PRACTICES ACT 1974 (CTH) IN RELATION TO THE APPLICATION FOR DECLARATION OF SERVICES PROVIDED BY THE MOUNT NEWMAN RAILWAY LINE BY: FORTESCUE METALS GROUP LIMITED Applicant GOLDBERG J 7 SEPTEMBER 2006 MELBOURNE IN THE AUSTRALIAN COMPETITION TRIBUNAL

File No 5 of 2006 RE: APPLICATIONFORREVIEWOFTHE DEEMED DECISION BY THE COMMONWEALTH TREASURER OF 23 MAY 2006 UNDER SECTION 44H(9) OF THE TRADE PRACTICES ACT 1974 (CTH) IN RELATION TO THE APPLICATION FOR DECLARATION OF SERVICES PROVIDED BY THE MOUNT NEWMAN RAILWAY LINE BY: FORTESCUE METALS GROUP LIMITED Applicant TRIBUNAL: GOLDBERG J (President)