Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2016] FCA 968

Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2016] FCA 968

Because the uncontradicted evidence established that the MFN Information and Long Term Strategy Information remained current, market sensitive and valuable to trade rivals, and the applicant did not oppose the proposed variations, it remained necessary to prevent prejudice to the proper administration of justice to continue and vary the relevant s 50 and s 37AF suppression and confidentiality orders, subject to future review.

Jurisdiction
Australia
Judgment Date
17 August 2016
Procedural Posture
Review of Confidentiality and Suppression Orders in a Competition Proceeding / Post Final Orders Review of Whether Confidentiality and Suppression Orders Should Be Varied, Extended or Discharged
Outcome
Confidentiality and suppression orders varied, continued in part, vacated in part, and listed for future review; no order as to costs.
Legal Topics
['suppression Orders' 'confidentiality Orders' 'federal Court of Australia Act 1976 (cth) S 50' 'federal Court of Australia Act 1976 (cth) Ss 37 AF and 37 Ag' 'market Sensitive Information']
['competition' 'practice and Procedure'] ['suppression Orders' 'confidentiality Orders' 'federal Court of Australia Act 1976 (cth) S 50' 'federal Court of Australia Act 1976 (cth) Ss 37 AF and 37 Ag' 'market Sensitive Information']

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Procedural Posture

Review of Confidentiality and Suppression Orders in a Competition Proceeding / Post Final Orders Review of Whether Confidentiality and Suppression Orders Should Be Varied, Extended or Discharged

Legal Issues

  1. 1 ['Whether confidentiality orders made under s 50 of the Federal Court of Australia Act 1976 (Cth) should continue, be varied or be discharged.' 'Whether suppression orders made under s 37AF on the ground in s 37AG(1)(a) should continue, be varied or be discharged.' 'Whether suppression of MFN Information and Long Term Strategy Information remained necessary to prevent prejudice to the administration of justice.']

Ratio Decidendi

Because the uncontradicted evidence established that the MFN Information and Long Term Strategy Information remained current, market sensitive and valuable to trade rivals, and the applicant did not oppose the proposed variations, it remained necessary to prevent prejudice to the proper administration of justice to continue and vary the relevant s 50 and s 37AF suppression and confidentiality orders, subject to future review.

Court Disposition

Confidentiality and suppression orders varied, continued in part, vacated in part, and listed for future review; no order as to costs.

Orders

  • ['The orders made on 14 November 2013 regarding suppression of information confidential to the Corporate Respondents were varied in accordance with the attached Schedule of Orders and otherwise remain in force.' 'The orders made on 8 October 2010 regarding suppression of information confidential to the Corporate...