Nestle Australia Ltd [2006] ACompT 9

Nestle Australia Ltd [2006] ACompT 9

The application to widen the confidentiality regime failed because the Tribunal was not persuaded that the information identifying ALDI's source of supply was of such critical relevance as to justify the significant commercial risks of disclosure, including disclosure to external lawyers or wider disclosure within Nestlé.

Jurisdiction
Australia
Judgment Date
24 November 2006
Procedural Posture
Application by Nestlé Australia Ltd Pursuant to Section 101 a for Review of Australian Competition and Consumer Commission Notice Under Section 93(3) Regarding Exclusive Dealing Notification N31488 / Interlocutory Application to Widen the Confidentiality Regime
Outcome
The application to widen the confidentiality regime is refused.
Legal Topics
['exclusive Dealing Notification' 'confidentiality Regime' 'commercially Sensitive Information' 'access to Redacted Documents']
['competition Law' 'administrative Review' 'civil Procedure'] ['exclusive Dealing Notification' 'confidentiality Regime' 'commercially Sensitive Information' 'access to Redacted Documents']

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Procedural Posture

Application by Nestlé Australia Ltd Pursuant to Section 101 a for Review of Australian Competition and Consumer Commission Notice Under Section 93(3) Regarding Exclusive Dealing Notification N31488 / Interlocutory Application to Widen the Confidentiality Regime

Legal Issues

  1. 1 ['Whether confidential ALDI material identifying the supplier or suppliers of the relevant imported product should be disclosed more widely than under the existing confidentiality regime.' 'Whether redactions should be removed for external lawyers and whether redacted versions should be made available more widely within Nestlé.']

Ratio Decidendi

The application to widen the confidentiality regime failed because the Tribunal was not persuaded that the information identifying ALDI's source of supply was of such critical relevance as to justify the significant commercial risks of disclosure, including disclosure to external lawyers or wider disclosure within Nestlé.

Court Disposition

The application to widen the confidentiality regime is refused.

Orders

  • ['The application to widen the confidentiality regime is refused.']