Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal

• 1. Competition Law
  2. › Access to services
  3. › National access regime
  4. › Part IIIA Trade Practices Act 1974 (Cth)
  5. › Declaration of service
  6. › Criterion (b) — whether uneconomical for anyone to develop another facility
  7. › Whether test is private economic feasibility or productive efficiency from society's perspective
  8. › Trade Practices Act 1974 (Cth), s 44H(4)(b)
• 1. Competition Law
  2. › Access to services
  3. › National access regime
  4. › Part IIIA Trade Practices Act 1974 (Cth)
  5. › Declaration of service
  6. › Criterion (f) — whether access not contrary to public interest
  7. › Whether costs addressable at second stage of Part IIIA process may be considered at declaration stage
  8. › Scope of residual discretion
  9. › Trade Practices Act 1974 (Cth), ss 44H(4)(f), 44V, 44X
• 1. Administrative Law
  2. › Procedural fairness
  3. › Tribunal proceedings
  4. › Unsolicited material provided after conclusion of hearing
  5. › Whether party denied opportunity to be heard on adverse material
• 1. Administrative Law
  2. › Judicial review
  3. › Review of Tribunal decisions
  4. › Role of court on appeal from Australian Competition Tribunal
  5. › Distinction between review for legal error and impermissible merit review
  6. › Trade Practices Act 1974 (Cth), s 44H

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