On 12 September 2013 the ACCC announced it sought leave of the Full Federal Court to intervene in an appeal from the judgment in Norcast S.ar.L v Bradken Ltd [2013] FCA 235, whereby Bradken was found to have engaged in bid rigging and was ordered to pay US$22.4 million.  The ACCC is seeking leave to make submissions on the interpretation of the cartel provisions of the Competition and Consumer Act 2010 (CCA) particularly in relation to:

  • the extraterritorial application of the cartel provisions in the CCA; and
  • the interpretation of s44ZZRU of the CCA that excludes, in particular circumstances, the acquisition of shares or assets from the application of the cartel provisions in the CCA.