Australian Competition and Consumer Commission v Little Company of Mary Health Care Limited [2015] FCA 1144

Australian Competition and Consumer Commission v Little Company of Mary Health Care Limited [2015] FCA 1144

Because the respondents admitted contraventions of s 47(1) of the Competition and Consumer Act 2010 (Cth), the proposed declaration precisely identified contravening conduct, the ACCC's pursuit of declaratory relief was in the public interest, and each respondent was a proper contradictor, the Court exercised its discretion to make the consent declaration and orders.

Jurisdiction
Australia
Judgment Date
26 October 2015
Procedural Posture
Trade Practices Proceeding Alleging Exclusive Dealing in Contravention of S 47(1) of the Competition and Consumer Act 2010 (cth) / Consent Declarations and Orders Following Statement of Agreed Facts, Joint Submissions and Proposed Consent Orders
Outcome
Consent declaration made; respondents ordered to pay costs; proceedings otherwise dismissed.
Legal Topics
['exclusive Dealing' 'substantial Lessening of Competition' 'day Surgery Services Market' 'declaratory Relief by Consent' 'statement of Agreed Facts']
['competition and Consumer Law' 'trade Practices' 'practice and Procedure'] ['exclusive Dealing' 'substantial Lessening of Competition' 'day Surgery Services Market' 'declaratory Relief by Consent' 'statement of Agreed Facts']

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Procedural Posture

Trade Practices Proceeding Alleging Exclusive Dealing in Contravention of S 47(1) of the Competition and Consumer Act 2010 (cth) / Consent Declarations and Orders Following Statement of Agreed Facts, Joint Submissions and Proposed Consent Orders

Legal Issues

  1. 1 ['Whether the respondents engaged in exclusive dealing by acquiring and offering to acquire services from Accredited Medical Practitioners on terms giving the respondents a qualified ability to refuse or revoke accreditation where a practitioner owned or controlled a competing entity.' 'Whether the conduct had the likely effect of substantially lessening competition in the market in which day surgery services in Wagga Wagga, New South Wales were supplied.' 'Whether the Court should exercise its discretion to grant declaratory relief on the basis of agreed facts, admissions, joint submissions and proposed consent orders.']

Ratio Decidendi

Because the respondents admitted contraventions of s 47(1) of the Competition and Consumer Act 2010 (Cth), the proposed declaration precisely identified contravening conduct, the ACCC's pursuit of declaratory relief was in the public interest, and each respondent was a proper contradictor, the Court exercised its discretion to make the consent declaration and orders.

Court Disposition

Consent declaration made; respondents ordered to pay costs; proceedings otherwise dismissed.

Orders

  • ['The Court declared that from March 2011 to the date of the Order the respondents engaged in exclusive dealing by acquiring and offering to acquire services from Accredited Medical Practitioners on the stated accreditation condition, which conduct had the likely effect of substantially lessening competition in the...