Australia Leading Case anti competitive agreementsabuse of dominance

ACCC v Baxter Healthcare Pty Ltd

(2007) 232 CLR 1

JurisdictionAustralia

CourtHigh Court of Australia

Year2007

StatusBinding authority

Summary

The High Court of Australia held that derivative Crown immunity does not shield a private company contracting with the Crown from the Trade Practices Act's competition provisions.

Key Principle

The HCA held that the derivative Crown immunity doctrine does not apply to the Trade Practices Act (now CCA); a company contracting with the Crown is not shielded from the competition provisions.

Area of Law

competition

Related Cases

ACCC v Pacific National Pty Ltd [2020] FCAFC 77

Full Federal Court considered the test for substantially lessening competition under s.50 CCA in the context of a rail freight acquisition.

ACCC v Yazaki Corporation (2018) 262 CLR 1

HCA upheld record cartel penalties for wire harness market conduct, affirming that penalties must deter contravener and others, considering nature, extent, and duration of cartel.

ACCC v Pfizer Australia Pty Ltd [2018] FCAFC 78

Full Federal Court considered whether Pfizer's patent evergreening strategy in the pharmaceutical market constituted misuse of market power under s 46 of the Competition and Consumer Act.

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