The Australian Competition and Consumer Commission (ACCC) commenced action against Lactalis Australia Pty Ltd (Lactalis) in relation to breaches of the Competition and Consumer (Industry Codes-Dairy) Regulations 2019 (Cth).
Derrington J was satisfied that Lactalis had breached certain requirements of the Dairy Code. However, Lactalis succeeded on the major contraventions alleged by the ACCC concerning the publication of non-exclusive Milk Supply Agreements (MSA) and the requirement that an MSA be contained in a single document.
A further hearing is required to determine what relief is appropriate.
Michael Hodge KC (leading D Hume) appeared for the respondent, instructed by Clifford Chance.
The judgment is published here.