Federal Court Dismisses ACCC Proceedings Against Pacific National and Aurizon

The Federal Court has dismissed the Australian Competition and Consumer Commission’s proceedings against rail companies Pacific National and Aurizon, regarding the control of Queensland’s Acacia Ridge Terminal, a key rail asset. The court has accepted an undertaking from Pacific National, which Pacific National submitted would prevent it from discriminating against other rail operators at Acacia Ridge Terminal.

Philip Williams of Frontier Economics was called by the ACCC as an expert witness. He gave evidence regarding the markets relevant to the acquisition, and the impact of the acquisition on competition in those markets.

The Court indicated that it would have found that the proposed acquisition had the likely effect of substantially lessening competition in breach of the Competition and Consumer Act, had it not been for the undertaking offered to the Court by Pacific National on the last day of the hearing.

Frontier Economics regularly advises regulators and law firms and their clients on a range of competition and dispute support matters.

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