Australian Competition and Consumer Commission v The Adelaide Steamship Company Ltd & Ors [1996] FCA 10

Australian Competition and Consumer Commission v The Adelaide Steamship Company Ltd & Ors [1996] FCA 10

On the balance of convenience, and given the feasibility of a divestiture order if the acquisition is later found to contravene the Trade Practices Act, interim injunctions were refused. The court was not satisfied it was necessary to grant the injunction to protect the public interest in preventing a contravention, and found the assets in question were easily identifiable and capable of divestiture.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: The Adelaide Steamship Company Limited; Second Respondent: Howard Smith Industries Pty Limited; Third Respondent: Waratah Towage Pty Ltd; Fourth Respondent: J. Fenwick & Co. Pty Ltd
Jurisdiction
Australia
Judgment Date
25 January 1996
Procedural Posture
Application Under S 80(1) of the Trade Practices Act 1974 / Interlocutory (application for Interim Injunction)
Outcome
Application for interlocutory relief (interim injunction) refused.
Legal Topics
Interim Injunctions, Merger Control, Market Definition, Divestiture Orders, Anti Competitive Agreements
Competition Law Trade Practices Interim Injunctions Merger Control Market Definition Divestiture Orders Anti Competitive Agreements

Case Brief

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Parties

Australian Competition and Consumer Commission

Applicant

The Adelaide Steamship Company Limited

First Respondent

Howard Smith Industries Pty Limited

Second Respondent

Waratah Towage Pty Ltd

Third Respondent

J. Fenwick & Co. Pty Ltd

Fourth Respondent

Procedural Posture

Application Under S 80(1) of the Trade Practices Act 1974 / Interlocutory (application for Interim Injunction)

Legal Issues

  1. 1 Whether proposed acquisition and arrangements contravene ss 45 and 50 of the Trade Practices Act 1974 by substantially lessening competition
  2. 2 Whether interim injunction should be granted to restrain completion of the agreements

Ratio Decidendi

On the balance of convenience, and given the feasibility of a divestiture order if the acquisition is later found to contravene the Trade Practices Act, interim injunctions were refused. The court was not satisfied it was necessary to grant the injunction to protect the public interest in preventing a contravention, and found the assets in question were easily identifiable and capable of divestiture.

Court Disposition

Application for interlocutory relief (interim injunction) refused.

Orders

  • The applicant's claim for interlocutory relief be refused.