Application by Sea Swift Pty Ltd [2015] (No 2) ACompT 6

Application by Sea Swift Pty Ltd [2015] (No 2) ACompT 6

While Sea Swift's pricing information may be confidential, the specific circumstances of the proposed merger authorisation require that the ACCC be entitled to disclose the 2015 rates to relevant customers for purpose of its investigations and submissions, as this is necessary to properly evaluate public benefit claims and pricing certainty resulting from the proposed price caps.

Jurisdiction
Australia
Judgment Date
21 October 2015
Procedural Posture
Application for Merger Authorisation / Direction Regarding Confidentiality and Pricing Information
Outcome
Directions made regarding confidentiality and permitted disclosures
Legal Topics
['merger Authorisation' 'confidentiality of Commercial Information' 'public Benefit Assessment' 'price Cap Conditions']
['competition Law'] ['merger Authorisation' 'confidentiality of Commercial Information' 'public Benefit Assessment' 'price Cap Conditions']

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Procedural Posture

Application for Merger Authorisation / Direction Regarding Confidentiality and Pricing Information

Legal Issues

  1. 1 ['Whether certain pricing information lodged in support of a merger authorisation application should be treated as confidential' "Whether the ACCC should be permitted to disclose applicant's 2015 pricing rates to customers during its investigation"]

Ratio Decidendi

While Sea Swift's pricing information may be confidential, the specific circumstances of the proposed merger authorisation require that the ACCC be entitled to disclose the 2015 rates to relevant customers for purpose of its investigations and submissions, as this is necessary to properly evaluate public benefit claims and pricing certainty resulting from the proposed price caps.

Court Disposition

Directions made regarding confidentiality and permitted disclosures

Orders

  • ['Annexure SW-22 to the Statement of Scott Woodward is not confidential.' 'Rates for 2015 in Annexure PB-73 and Schedule 4 of Annexure A are not confidential to the extent that the ACCC may disclose them to customers for investigations and public benefit submissions.' 'Liberty to apply to vary or discharge these...