Discussion of Competition and Consumer Protection Law issues
Monday, 29 June 2020
ACCC applies to the High Court for special leave to appeal Pacific National merger decision
It is a good idea for the ACCC to seek Special Leave to appeal this decision to the High Court. Although I think the ACCC are unlikely to win in the High Court, we really need some guidance from the High Court on the appropriate tests to apply to merger evaluation. The mess created by Emmett J in the "Messcash" case (as I like to call it) really needs to be sorted out.