A judge has warned that an interlocutory privilege skirmish in the consumer watchdog’s misuse of market power case against Mastercard could “spiral out of control”.
The judge hearing the ACCC’s price-fixing case against Downer EDI’s Spotless and Ventia has proposed an initial hearing to determine if the companies are in competition, saying he won’t let the case become “totally unwieldy”.
A judge hearing the ACCC’s misuse of market power case against Mastercard has said he’s “loathe” to order any further discovery, as the credit card company argues a fight over waiver of legal professional privilege could involve “potentially enormous” further discovery.
In the ACCC’s price-fixing case, infrastructure services company Ventia has joined with Spotless in arguing the companies were not in competition, and says it was the Department of Defence that arranged for the providers to talk.
Downer EDI subsidiary Spotless has rejected allegations it engaged in price-fixing with Ventia on defence contracts, saying the facilities services companies were not in competition with each other.
Mayfield Development’s competition case against NSW Ports over agreements to privatise two ports has made it to the High Court, with the developer pressing its argument that derivative Crown immunity did not apply to the port authority.
An appeals court has dismissed a competition case by Mayfield Development against NSW Ports over agreements to privatise two ports, finding that derivative Crown immunity applied to the port authority.
Mayfield Development is barred from bringing claims already traversed in a competition case by the ACCC that was thrown out by a court, NSW Ports has told an appeals court.
A key issue in the ACCC’s price-fixing case against Downer EDI’s Spotless and Ventia is likely to focus on whether the facilities services companies were in competition, a court has heard.
Trial in the ACCC’s misuse of market power case against Mastercard has been pushed to 2026, after the US company failed to comply with discovery orders.