ACCC appeals in NSW Ports competition case

 The ACCC has appealed Jagot J's decision in the NSW Ports matter. I like their chances on the purpose of the agreements.

“We will argue that the Court made an error in finding that the Port Commitment Deeds didn’t have an anti-competitive purpose, even though the Court found that the purpose of the Deeds was to secure a higher sale price for the State from selling the existing monopoly of Port Botany, and ensure that NSW Ports would retain the full value of that monopoly,” Mr Sims said.

I think it was very clear that the agreements had an anti-competitive purpose.

And going out on a limb here, my prediction for the composition of the Full Court would be Allsop CJ, Yates and O'Brien JJ.

https://www.accc.gov.au/media-release/accc-appeals-in-nsw-ports-competition-case