Application by Controlabill Pty Ltd [2021] ACompT 6

Application by Controlabill Pty Ltd [2021] ACompT 6

The Tribunal had power under s 103(1)(a) of the Competition and Consumer Act 2010 (Cth) to grant leave to withdraw the s 101 review application, and leave was appropriate because the only person who had applied to review the ACCC authorisation wished to withdraw and no person opposed that course.

Jurisdiction
Australia
Judgment Date
06 December 2021
Procedural Posture
Application for Review of Merger Authorisation Under S 101 of the Competition and Consumer Act 2010 (cth) / Application for Leave to Withdraw the Application for Review
Outcome
Leave to withdraw the application for review was granted.
Legal Topics
['merger Authorisation' 'withdrawal of Application for Review' 'sufficient Interest' 'substantial Lessening of Competition' 'public Benefit' 'tribunal Procedure']
['competition Law' 'administrative Review'] ['merger Authorisation' 'withdrawal of Application for Review' 'sufficient Interest' 'substantial Lessening of Competition' 'public Benefit' 'tribunal Procedure']

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Procedural Posture

Application for Review of Merger Authorisation Under S 101 of the Competition and Consumer Act 2010 (cth) / Application for Leave to Withdraw the Application for Review

Legal Issues

  1. 1 ['Whether the Tribunal had power to grant leave to withdraw an application for review made under s 101 of the Competition and Consumer Act 2010 (Cth).' 'Whether leave should be granted to Controlabill Pty Ltd to withdraw its application for review.' 'Whether Industry Committee should be permitted to uplift the confidential version of the affidavit of Robert Ian Milliner sworn 19 November 2021 from the Tribunal file.']

Ratio Decidendi

The Tribunal had power under s 103(1)(a) of the Competition and Consumer Act 2010 (Cth) to grant leave to withdraw the s 101 review application, and leave was appropriate because the only person who had applied to review the ACCC authorisation wished to withdraw and no person opposed that course.

Court Disposition

Leave to withdraw the application for review was granted.

Orders

  • ['The applicant, Controlabill Pty Ltd, be given leave to withdraw its application for review to the Tribunal.' "Industry Committee has leave to uplift from the Tribunal's file the confidential version of the affidavit of Robert Ian Milliner sworn 19 November 2021 and that document is to be removed from the...