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Australian Competition and Consumer Commission v. J Hutchinson PtyLtd (ACN 009 778 330) & Anor
Australian Competition and Consumer Commission v. Construction, Forestry and Maritime Employees Union & Anor

Case No. B41/2024, B42/2024
Case information

Lower Court Judgment

29/02/2024 Federal Court of Australia (Wigney, Bromwich and Anderson JJ)

[2024] FCAFC 18

Catchwords

Competition law – giving effect to arrangement or arriving at understanding containing provision preventing or hindering acquisition of services from a subcontractor – Competition and Consumer Act 2010 (Cth) s 45E(3) – where Hutchison construction company and head contractor on large construction project – where CFMEU a trade union for purposes of Fair Work (Registered Organisations) Act 2009 (Cth) – where appellant alleged contravention of s 45E(3) and 45E of Competition and Consumer Act by first respondent  making and giving effect to understanding with second respondent that it would terminate its sub-contract or cease acquiring services from third party on project – where second respondent alleged to have been knowingly concerned in or party to contravention by threatening industrial action if first respondent did not cease using third party – where primary judge found evidence established respondents entered into arrangement of understanding – where Full Federal Court allowed appeal – whether Full Court found that merely succumbing to threat of industrial action insufficient to give rise to arrangement or understanding – whether making or arriving at arrangement or understanding within meaning of s 45E(3) requires communication of assent that precedes and is distinct from conduct that gives effect or arrangement or understanding.

Documents

08/08/2024 Determination 

22/08/2024 Notice of appeal

24/09/2024 Joint written submissions (Appellant)

24/09/2024 Joint chronology (Appellant)

22/10/2024 Written submissions (J Hutchinson Pty Ltd)

22/10/2024 Written submissions (CFMEU)

11/11/2024 Joint reply (Appellant)

05/12/2024 Hearing (Full Court, Canberra) (Audio-visual recording)

05/12/2024 Joint Outline of oral argument (Appellant)

05/12/2024 Outline of oral argument (J Hutchinson Pty Ltd)

05/12/2024 Outline of oral argument (CFMEU)

02/04/2025 Judgment (Judgment summary)