In a rare case brought under the cartel laws, the ACCC has failed to establish that the Australian Egg Corporation Limited and two egg producers attempted to induce 19 egg producers to make an arrangement to reduce the production of eggs in Australia. While the Court considered that the ACCC claims had 'some force', the Court found that there was insufficient evidence of an intention to bring about an arrangement or understanding to reduce egg production. In reaching this conclusion, the Court took into account a range of factors, including the lack of persuasive evidence that options canvassed for reducing eggs were put forward as a proposal for collective action, the importance of the role and character of the Egg Corporation as an industry association and the fact that pointing
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