Australian Competition and Consumer Commission v Cascade Coal Pty Ltd [2019] FCAFC 154 (04 September 2019) (Jagot, Beach and Bromwich JJ)


Catchwords:


COMPETITION – arrangement or understanding restricting dealings in respect of the application process for exploration licences for coal in the Mount Penny and Glendon Brook areas of New South Wales – whether arrangement or understanding contained an exclusionary provision – whether corporate respondents were competitors or likely competitors – whether the relevant provision was entered into for the purposes of preventing, restricting or limiting the supply or acquisition of specified services – joint venture defence – whether alleged exclusionary provision was for the purposes of a joint venture – whether other elements of s 76C defence made out