AWA 2017 - Results soon
Hong Kong 2017
accueil

Get in touch with the authors!

#

Contenu article Bulletin Payant Abstract - type [D]

The Federal Court of Australia hands down its first decision involving a bid rigging case after the entry into force of new cartel laws (Norcast/Braken)

Key words

Anticompetitive practices - Bid rigging - Cartel - Concerted practices - Damages - Extraterritoriality - Private enforcement - Manufacturing

In July 2009 Australia's new cartel laws entered into force. On 19 March 2013 the Federal Court of Australia (Gordon J) handed down its first decision involving these new laws. Norcast S.ár.L(Norcast), a subsidiary of the private equity fund, Pala Investments Limited (Pala), alleged that Castle Harlan, Inc (Castle Harlan), another private equity fund, and Bradken Limited (Bradken) had entered into an arrangement whereby Castle Harlan would bid for the acquisition of Norcast's subsidiary, NWS, and Bradken would not. Castle Harlan bid successfully for NWS and acquired it through its subsidiary, BC. Bradken Operations Pty Ltd (Bradken's subsidiary) then exercised rights, acquired pursuant to a Subscription, Governance and Purchase Agreement (SGPA), to acquire all shares in BC and thereby

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read this article for free

Sign-up to read this article for free and discover our services.

 

Abstract

Quotation :

Julie Clarke, The Federal Court of Australia hands down its first decision involving a bid rigging case after the entry into force of new cartel laws (Norcast/Braken), 19 March 2013, e-Competitions Bulletin March 2013, Art. N° 52518

visits:

448 (french and english version)