Australian Competition and Consumer Commission v Pacific National Pty Ltd [2018] FCA 1221

Australian Competition and Consumer Commission v Pacific National Pty Ltd [2018] FCA 1221

The Court granted a mandatory interlocutory injunction against Aurizon requiring it to continue its Queensland intermodal business pending trial, finding the ACCC had established a moderately strong prima facie case of anti-competitive conduct under ss 45 and 50 of the Competition and Consumer Act 2010 (Cth), and that the balance of convenience, due to the risk of irreversible harm to competition and the preservation of the status quo, strongly favoured relief. The more complex injunctions sought against Pacific National restraining customer and employee dealings were refused as unjustified, problematic in form, and likely to impede normal competitive behaviour.

Jurisdiction
Australia
Judgment Date
13 August 2018
Procedural Posture
Interlocutory Application in Proceedings (likely Originating Application) / Interlocutory Decision on Mandatory Injunction, Pre Trial
Outcome
Mandatory interlocutory injunction against Aurizon granted; interlocutory injunction against Pacific National refused; parties' costs of the application to be costs in the cause; matter set down for trial.
Legal Topics
['interlocutory Injunctions' 'mandatory Injunctions' 'substantial Lessening of Competition' 'contract/arrangement/understanding' 'operational Control of Infrastructure' 'sale of Business/assets' 'balance of Convenience']
['competition Law' 'practice and Procedure'] ['interlocutory Injunctions' 'mandatory Injunctions' 'substantial Lessening of Competition' 'contract/arrangement/understanding' 'operational Control of Infrastructure' 'sale of Business/assets' 'balance of Convenience']

Case Brief

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Procedural Posture

Interlocutory Application in Proceedings (likely Originating Application) / Interlocutory Decision on Mandatory Injunction, Pre Trial

Legal Issues

  1. 1 ['Whether the ACCC established a prima facie case for the grant of interlocutory injunctions under ss 45 and 50 of the Competition and Consumer Act 2010 (Cth)' 'Whether the balance of convenience favored the grant of a mandatory interlocutory injunction requiring Aurizon to continue carrying on its Queensland intermodal business' 'Whether an interlocutory injunction should be granted restraining Pacific National from soliciting Aurizon employees/customers']

Ratio Decidendi

The Court granted a mandatory interlocutory injunction against Aurizon requiring it to continue its Queensland intermodal business pending trial, finding the ACCC had established a moderately strong prima facie case of anti-competitive conduct under ss 45 and 50 of the Competition and Consumer Act 2010 (Cth), and that the balance of convenience, due to the risk of irreversible harm to competition and the preservation of the status quo, strongly favoured relief. The more complex injunctions sought against Pacific National restraining customer and employee dealings were refused as unjustified, problematic in form, and likely to impede normal competitive behaviour.

Court Disposition

Mandatory interlocutory injunction against Aurizon granted; interlocutory injunction against Pacific National refused; parties' costs of the application to be costs in the cause; matter set down for trial.

Orders

  • ['Aurizon Operations and Aurizon Property must maintain, manage and operate the Business in the ordinary course, including maintaining supply of services to meet customer requirements.' 'Aurizon Holdings must ensure compliance with the above order by Aurizon Operations and Aurizon Property.' 'Orders operate until an...