The ACCC alleged that NQCranes contravened cartel provisions in the Competition and Consumer Act 2010 (Cth). NQCranes applied in the Federal Court to strike out paragraphs of the statement of claim that went to the ACCC’s alternate framing of the impugned arrangement and the sufficiency of the ACCC’s pleaded case in respect of the “give effect” allegations. The application was dismissed.
Michael Hodge QC and Salwa Marsh appeared for the Respondent, instructed by Wallace & Wallace.
The judgment is published here.
