Australian Competition and Consumer Commission v Pacific National Pty Limited (No 3) [2019] FCA 866

Australian Competition and Consumer Commission v Pacific National Pty Limited (No 3) [2019] FCA 866

The undertaking by Pacific National in the form offered is adequate and does not require further amendment. The ACCC is to pay 50% of the respondents' party-party costs, including reserved costs, to be determined in a lump sum. The confidentiality regime will remain at five years as previously ordered, with the ACCC able to seek extension if necessary after that period.

Jurisdiction
Australia
Judgment Date
06 June 2019
Procedural Posture
Civil Competition Law / Post Trial Final Orders Following Substantive Judgment
Outcome
Application dismissed. Orders as to costs and confidentiality regime made.
Legal Topics
['section 50 Mergers and Acquisitions' 'court Undertakings' 'costs Orders' 'confidentiality Regimes' 'party Party Costs' 'lump Sum Procedure' 'subpoenas']
['competition Law'] ['section 50 Mergers and Acquisitions' 'court Undertakings' 'costs Orders' 'confidentiality Regimes' 'party Party Costs' 'lump Sum Procedure' 'subpoenas']

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Procedural Posture

Civil Competition Law / Post Trial Final Orders Following Substantive Judgment

Legal Issues

  1. 1 ['Whether the proposed undertaking by Pacific National was adequate or required further amendment' 'Appropriate apportionment of costs among parties, including costs of subpoenas' 'Duration and scope of confidentiality regime']

Ratio Decidendi

The undertaking by Pacific National in the form offered is adequate and does not require further amendment. The ACCC is to pay 50% of the respondents' party-party costs, including reserved costs, to be determined in a lump sum. The confidentiality regime will remain at five years as previously ordered, with the ACCC able to seek extension if necessary after that period.

Court Disposition

Application dismissed. Orders as to costs and confidentiality regime made.

Orders

  • ["The Applicant's Further Amended Originating Application dated 11 February 2019 is dismissed." "The Applicant pay 50% of the Respondents' party-party costs of and incidental to this proceeding including reserved costs." 'Costs to be awarded in a lump sum pursuant to r 40.02(b) of the Federal Court Rules 2011...