Competition Insights

02 March 2007

Welcome to the March edition of Clayton Utz Competition Insights, in which we'll look at:

The SACL case in the High Court
the saga of the Moomba to Sydney Pipeline
whether doing business with the Government can exempt you from the application of the Trade Practices Act
whether a rail line is part of the production process and therefore exempt from the national third party access regime; and
what's next for reform of the Trade Practices Act.

High Court refuses to take Sydney Airport case

The High Court today refused Sydney Airport's application for leave to appeal over the declaration of airside services at Sydney Airport under the third party access regime in Part IIIA of the Trade Practices Act. Linda Evans was there in the courtroom.

The Moomba to Sydney Pipeline tariff fight goes on and on

By Linda Evans.

Linda Evans looks at the latest in the long-running saga of the Moomba to Sydney Pipeline and the calculation of the transport charges for that part of the pipeline that is regulated.

High Court to revisit derivative crown immunity

By Barry Dunphy.

If you enter a contract with the Crown are you bound by the Trade Practices Act? The High Court will soon give an answer, says Barry Dunphy.

Access to the Pilbara rail infrastructure

By Linda Evans.

Is a railway line a part of a production process? And what does that mean for using the TPA's access regime to negotiate to run trains on that line? Linda Evans finds some guidance in the Fortescue decision.

Legislative program update

By Bruce Lloyd.

Bruce Lloyd explains what's next for trade practices reform.

Key Contacts