Looks like the ACCC has gone down again - this time in relation to their case against the Obeids for the alleged Mount Penny cartel. Seems to me the ACCC has been losing many of their big cases over the last few years : 1 Cussons - alleged cartel 2 Pfizer - alleged misuse of market power 3 Woolworths - alleged unconscionable conduct (Mind the Gap) 4 Medibank Private - alleged misleading and deceptive 5 Egg Corporation - alleged attempted price fixing 6 Electrical Contractors - alleged cartel 7 ANZ - alleged price fixing The question is whether the ACCC is losing because it is pushing the boundaries of the law and thus taking bigger risks or rather whether its investigation and litigation skills are not up to the job. Unfortunately, from my understanding of the above cases, I'd have to lean towards the latter explanation for the losses. It seems to me that many ACCC cases are misconceived and poorly prepared. Eg the ACCC must always cross examine the other sides' expert witness at trial, witnesses have to be locked in to give evidence prior to the ACCC instituting proceedings, don't run unconscionable conduct cases on the documents and is an attempt to induce a cartel really worth the time and effort to litigate. I could go on!
https://lawyerly.com.au/accc-loses-coal-tender-cartel-case-obeid-son-wins-suppression-order/
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