The Australian Competition Authority appeals the Federal Court’s dismissal of its fine against 2 national freight companies’ agreements on their intermodal businesses (Pacific National / Aurizon)

On 27 June 2019, the ACCC announced that it has lodged an appeal to the Full Federal Court against the Federal Court’s decision. The ACCC stated that its appeal will focus on the ability of courts to accept undertakings given the ACCC’s concerns about the ability of access undertakings to resolve competition issues arising from a merger. In July 2017, Aurizon and Pacific National entered into a number of agreements for the sale and purchase (or subcontract) of Aurizon’s Acacia Ridge Terminal, its interstate intermodal business and its Queensland intermodal business. The ACCC alleged that in doing so Aurizon and Pacific National reached an understanding that had (or Pacific National’s proposed acquisition of the Acacia Ridge Terminal would have) the effect or likely effect of substantially