Australian Competition and Consumer Commission v Cement Australia Pty Ltd (No. 2) [2010] FCA 1082

Australian Competition and Consumer Commission v Cement Australia Pty Ltd (No. 2) [2010] FCA 1082

Non-publication orders were necessary to prevent prejudice to the administration of justice because the documents to be tendered contained market-sensitive information about costs, prices, volumes, supply terms, acquisition arrangements, cartage rates and rebate calculations, and disclosure would risk damaging Sunstate, Millmerran, other third parties and the Cement Australia respondents in trade rivalry; however, the applications were adjourned for submission of proposed orders.

Jurisdiction
Australia
Judgment Date
04 October 2010
Procedural Posture
Applications for Non Publication Orders Under S 50 of the Federal Court of Australia Act 1976 in a Principal Competition Proceeding / Preliminary Matter During Trial After the Applicant's Opening; Applications Adjourned for Submission of Proposed Orders
Outcome
Applications adjourned for the submission of proposed orders after the Court indicated satisfaction that non-publication orders were necessary.
Legal Topics
['non Publication Orders' 'confidential Documents' 'open Justice' 'trade Sensitive Information' 'administration of Justice']
['practice and Procedure' 'competition and Consumer Law'] ['non Publication Orders' 'confidential Documents' 'open Justice' 'trade Sensitive Information' 'administration of Justice']

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Procedural Posture

Applications for Non Publication Orders Under S 50 of the Federal Court of Australia Act 1976 in a Principal Competition Proceeding / Preliminary Matter During Trial After the Applicant's Opening; Applications Adjourned for Submission of Proposed Orders

Legal Issues

  1. 1 ['Whether non-publication of confidential Sunstate documents to be admitted into evidence was necessary to prevent prejudice to the administration of justice.' 'Whether similar non-publication orders should be made for Millmerran and other third-party documents produced under confidentiality regimes.' "Whether non-publication orders should be made for the Cement Australia respondents' own confidential documents in the ACCC's proposed tender bundle." 'Whether commercially sensitive pricing, cost, supply, rebate and fly ash acquisition information should be protected from disclosure to trade rivals during the proceeding.']

Ratio Decidendi

Non-publication orders were necessary to prevent prejudice to the administration of justice because the documents to be tendered contained market-sensitive information about costs, prices, volumes, supply terms, acquisition arrangements, cartage rates and rebate calculations, and disclosure would risk damaging Sunstate, Millmerran, other third parties and the Cement Australia respondents in trade rivalry; however, the applications were adjourned for submission of proposed orders.

Court Disposition

Applications adjourned for the submission of proposed orders after the Court indicated satisfaction that non-publication orders were necessary.

Orders

  • ['The applications for non-publication orders under s 50 of the Federal Court of Australia Act 1976 are adjourned for the submission of proposed orders.']