The Australian Full Court dismisses the Competition Authority’s appeal in its attempt to prohibit a merger and confirms the test to be applied when assessing whether a firm’s conduct will be likely to have the effect of substantially lessening competition (Pacific National / Aurizon)

The Full Federal Court has dismissed the ACCC’s appeal in respect of its case against Pacific National and Aurizon. In dismissing the ACCC’s appeal, the Full Federal Court confirmed the test to be

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Authors

  • Herbert Smith Freehills (Sydney)
  • Herbert Smith Freehills (Sydney)
  • Herbert Smith Freehills (Melbourne)
  • Herbert Smith Freehills (Sydney)

Quotation

Liza Carver, Patrick Gay, Sarah Benbow, Paul Burton, The Australian Full Court dismisses the Competition Authority’s appeal in its attempt to prohibit a merger and confirms the test to be applied when assessing whether a firm’s conduct will be likely to have the effect of substantially lessening competition (Pacific National / Aurizon), 6 May 2020, e-Competitions May 2020, Art. N° 99014

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