Football Queensland Limited [2012] ACompT 15

Football Queensland Limited [2012] ACompT 15

The Tribunal could exercise its procedural power under s 103(1)(a), supported by s 93(9)(a), to permit withdrawal of the review application. Because the applicant sought withdrawal, the ACCC did not oppose it, there were no interveners, and no public interest reason required the matter to proceed, leave to withdraw was granted and the application was treated as withdrawn.

Jurisdiction
Australia
Judgment Date
25 July 2012
Procedural Posture
Application for Review of the Giving of a Notice by the Australian Competition and Consumer Commission Under S 93(3 A) of the Competition and Consumer Act 2010 to Revoke Notification N93402 / Ruling on the Applicant's Application for Leave to Withdraw the Application for Review
Outcome
Leave to withdraw the application for review was granted and the application was treated as withdrawn.
Legal Topics
['exclusive Dealing' 'third Line Forcing' 'notification Revocation' 'public Benefit and Public Detriment' 'australian Competition Tribunal Procedure' 'withdrawal of Application for Review']
['competition Law' 'administrative Review'] ['exclusive Dealing' 'third Line Forcing' 'notification Revocation' 'public Benefit and Public Detriment' 'australian Competition Tribunal Procedure' 'withdrawal of Application for Review']

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Procedural Posture

Application for Review of the Giving of a Notice by the Australian Competition and Consumer Commission Under S 93(3 A) of the Competition and Consumer Act 2010 to Revoke Notification N93402 / Ruling on the Applicant's Application for Leave to Withdraw the Application for Review

Legal Issues

  1. 1 ["Whether the Tribunal had power to allow the applicant to withdraw its application for review of the ACCC's notice." "Whether, in the circumstances, there was any public interest reason requiring the review to proceed despite the applicant's request to withdraw."]

Ratio Decidendi

The Tribunal could exercise its procedural power under s 103(1)(a), supported by s 93(9)(a), to permit withdrawal of the review application. Because the applicant sought withdrawal, the ACCC did not oppose it, there were no interveners, and no public interest reason required the matter to proceed, leave to withdraw was granted and the application was treated as withdrawn.

Court Disposition

Leave to withdraw the application for review was granted and the application was treated as withdrawn.

Orders

  • ['The applicant be granted leave to withdraw the application for review.' 'The application is treated as withdrawn.' "The date for return or destruction of confidential documents for the purposes of paragraph 8 of the Confidentiality Undertaking attached to the Tribunal's orders of 17 April 2012 is 5 September 2012."]