Tim Rogan

The High Court has found derivative crown immunity did not allow the NSW government to enter into alleged anti-competitive agreements when privatising two ports, disagreeing with a decision in a related case by the ACCC.

Liquidators for billionaire Sanjeev Gupta’s Tahmoor Coal are planning to bring a case against secured creditor Clydesdale Engineering, challenging its entitlement to be paid out during the liquidation. 

The judge overseeing a jointly run class action against Google, which has already fended off a third proceeding in a contest to pursue the digital giant, will not keep the case waiting for a looming fourth action.

A law firm that was set to argue that two firms formed an anti-competitive agreement in cooperating to run an ad tech class action against Google has dropped its appeal of its failed bid to run the representative case.

Having lost a challenge to privatisation agreements by NSW Ports, the competition regulator wants to intervene in a High Court appeal by Mayfield Developments, which failed in its own case against the port authority.

The competition regulator is seeking to intervene in Mayfield Development's appeal to the High Court in a case the developer says could have "startling" consequences.

Mayfield Developments has argued the High Court should overturn a finding that NSW Ports was protected by derivative Crown immunity in entering allegedly uncompetitive agreements to privatise two ports, saying the decision could have “startling” consequences such as allowing the state to devise cartel arrangements.

Piper Alderman claims a judge erred in finding there was no evidence that an agreement between Maurice Blackburn and Phi Finney McDonald to cooperate in running an ad tech class action against Google was struck for an anti-competitive purpose.

Mayfield Development has been granted the High Court's leave to make its argument that derivative Crown immunity does not apply to NSW Ports, in a seven-year-old competition case. 

A judge that granted carriage of a Google ad tech class action to Maurice Blackburn and Phi Finney McDonald has reiterated concerns that such cooperative arrangements between firms could breach competition law.