Obeid v Australian Competition and Consumer Commission [2014] FCA 839

Obeid v Australian Competition and Consumer Commission [2014] FCA 839

The notices issued by the ACCC under s 155(1)(c) are not invalid. The specified services—the right to apply for necessary mining approvals resulting from the EOI process—can, having regard to the commercial and competitive nature of the State's EOI procedure and the statutory and contractual rights involved, fall within the definition of 'services' in s 4(1) of the Competition and Consumer Act 2010 (Cth), including as provided 'in trade or commerce.' The applicants' challenge to the notices based on the definition of 'services' fails, and the application to set aside the notices is dismissed.

Parties
First Applicant: MOSES EDWARD OBEID; Second Applicant: PAUL OBEID; First Respondent: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION; Second Respondent: DELIA ANN RICKARD
Jurisdiction
Australia
Judgment Date
08 August 2014
Procedural Posture
Application to Set Aside S 155 Notices and Seek Declarations/certiorari/prohibition / Decision on Originating Application
Outcome
Application dismissed; costs to respondents
Legal Topics
Definition of 'services' Under Competition and Consumer Act, Validity of ACCC Notices Under S 155, Cartel Provisions, Contracts, Arrangements or Understandings Restricting Competition
Trade Practices Law Administrative Law Competition Law Definition of 'services' Under Competition and Consumer Act Validity of ACCC Notices Under S 155 Cartel Provisions Contracts, Arrangements or Understandings Restricting Competition

Case Brief

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Parties

MOSES EDWARD OBEID

First Applicant

PAUL OBEID

Second Applicant

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

First Respondent

DELIA ANN RICKARD

Second Respondent

Procedural Posture

Application to Set Aside S 155 Notices and Seek Declarations/certiorari/prohibition / Decision on Originating Application

Legal Issues

  1. 1 Whether the notices issued under s 155(1)(c) of the Competition and Consumer Act 2010 (Cth) identify a matter that constitutes or may constitute a contravention of the Act
  2. 2 Whether the 'services' specified in the notices fall within the meaning of 'services' in s 4(1) of the Competition and Consumer Act 2010 (Cth), particularly having regard to 'in trade or commerce'
  3. 3 Whether the alleged contract, arrangement, or understanding contained a cartel provision with the required purpose condition under s 44ZZRD of the Act

Ratio Decidendi

The notices issued by the ACCC under s 155(1)(c) are not invalid. The specified services—the right to apply for necessary mining approvals resulting from the EOI process—can, having regard to the commercial and competitive nature of the State's EOI procedure and the statutory and contractual rights involved, fall within the definition of 'services' in s 4(1) of the Competition and Consumer Act 2010 (Cth), including as provided 'in trade or commerce.' The applicants' challenge to the notices based on the definition of 'services' fails, and the application to set aside the notices is dismissed.

Court Disposition

Application dismissed; costs to respondents

Orders

  • The application is dismissed.
  • The applicants pay the respondents' costs as agreed or taxed.