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Contenu article Bulletin Payant Abstract - type [D]

The Federal Court of Australia issues its first decision on cartel liability under the Competition and Consumer Act 2010: a wake up call to those doing private equity deals (Norcast v Bradken)

Key words

Anticompetitive practices - Bid rigging - Cartel - Concerted practices - Damages - Private enforcement - Liability (group) - Liability (personal) - Manufacturing

1. The decision in Norcast S.ár.L v Bradken Limited (No 2) [2013] FCA 235 (19 March 2013) The decision of the Federal Court of Australia (Gordon J) in Norcast S.ár.L v Bradken Limited (No 2)[2013] FCA 235 (Norcast v Bradken) is the first test case on liability under the cartel amendments in 2009 to the Competition and Consumer Act 2010 (Cth) (CCA). The decision advances several significant interpretations of the legislation and indicates the wide reach of the definition of bid rigging under s 44ZZRD [1]. The decision is a wake up call to those doing private equity deals: contrary to the myth entertained by some merchant bankers, the cartel provisions of the CCA certainly apply and care is needed to avoid unpleasant surprises like the decision in this case. Norcast S.ár.L (Norcast),

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Abstract

Quotation :

Brent Fisse, The Federal Court of Australia issues its first decision on cartel liability under the Competition and Consumer Act 2010: a wake up call to those doing private equity deals (Norcast v Bradken), 19 March 2013, e-Competitions Bulletin March 2013, Art. N° 51500

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