Australian Competition & Consumer Commission v News Corporation Ltd & Ors (No 2) [1997] FCA 1174

Australian Competition & Consumer Commission v News Corporation Ltd & Ors (No 2) [1997] FCA 1174

The matter should proceed on an interlocutory basis on all issues because the ACCC and Telstra objected to a final hearing in November on the basis that they could not, or might not be able to, properly prepare the necessary evidence, and splitting the Pay TV and telephony issues was undesirable because the issues interlocked and might not finally resolve the case.

Jurisdiction
Australia
Judgment Date
29 October 1997
Procedural Posture
Federal Court Competition Proceeding Concerning a Proposed Merger / Case Management Decision Whether the Hearing Commencing 24 November 1997 Should Be Interlocutory or Final
Outcome
The hearing commencing 24 November 1997 was to proceed on an interlocutory basis on all issues.
Legal Topics
['proposed Merger' 'substantial Lessening of Competition' 'interlocutory Hearing' 'final Hearing' 'case Management' 'pay TV Market' 'telephony Market']
['competition and Consumer Law' 'civil Procedure'] ['proposed Merger' 'substantial Lessening of Competition' 'interlocutory Hearing' 'final Hearing' 'case Management' 'pay TV Market' 'telephony Market']

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Procedural Posture

Federal Court Competition Proceeding Concerning a Proposed Merger / Case Management Decision Whether the Hearing Commencing 24 November 1997 Should Be Interlocutory or Final

Legal Issues

  1. 1 ['Whether the period allocated from 24 November 1997 should be used for an interlocutory hearing or a final hearing.' 'Whether the proceedings should be split so that issues concerning the Pay TV market proceed finally while issues concerning the telephony market proceed interlocutorily.' 'Whether the need for early final determination and potential prejudice to Australis and Optus outweighed the asserted inability of the ACCC and Telstra to be ready for a final hearing.']

Ratio Decidendi

The matter should proceed on an interlocutory basis on all issues because the ACCC and Telstra objected to a final hearing in November on the basis that they could not, or might not be able to, properly prepare the necessary evidence, and splitting the Pay TV and telephony issues was undesirable because the issues interlocked and might not finally resolve the case.

Court Disposition

The hearing commencing 24 November 1997 was to proceed on an interlocutory basis on all issues.

Orders

  • ['The matter commencing on 24 November 1997 will proceed on an interlocutory basis on all issues.' 'The matter was stood over until 2.15pm for the parties to discuss a timetable for the further disposition of the interlocutory hearing.' 'Costs should be costs in the proceedings.']