James Green led by Mr L W L Armstrong KC and Ms D M Bampton and with Mr B O’Connor and Mr S H Snow, appeared for the Applicant, instructed by Piper Alderman.
Shane Doyle KC with Mr P Franco KC, Mei Barnes, Ms J Menzies and Mr M Paterson represented the First Respondent, instructed by MinterEllison.
Michael Hodge KC with Mr D Roche SC, Ms F Y Lubett, Claire Schneider and Salwa Marsh represented the Second Respondent, instructed by Herbert Smith Freehills.
The case concerns allegations of misuse of market power under the Competition and Consumer Act, specifically related to the National Emergency Market. Stillwater Pastoral Company claimed that Stanwell Corporation engaged in ‘short-notice rebidding’ to manipulate electricity prices, preventing competitive responses from other participants. Key issues included defining the relevant market, determining if the respondents held substantial market power, and assessing whether they exploited that power to deter competition. The court also considered whether the respondents, as government-owned corporations, are immune from the Competition and Consumer Act under provisions relating to the Crown. The proceeding was dismissed, and the matter was adjourned to March 2025 for the determination of costs.
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