Obeid v Australian Competition and Consumer Commission

(2014) 226 FCR 471; [2014] FCAFC 155

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Interrogate

Catchwords

1. Trade Practices
1. challenge to validity of notices issued pursuant to s 155 of the Competition and Consumer Act 2010 (Cth)
1. alleged anti-competitive contract, arrangement or understanding in contravention of s 45
1. alleged cartel conduct under ss 44ZZRG or 44ZZRK

Quick Take

Government-conducted competitive tender processes involving substantial financial contributions may constitute the provision of "services" in trade or commerce, even though the process involves the exercise of statutory power, and the cartel provisions do not require the request for bids to post-date the formation of the alleged cartel arrangement.