Apparently the ACCC could not identify any errors of law in Middleton's judgment which would have changed the outcome. I guess the fact that Middleton based the key aspects of his decision on evidence from the ACCC's expert witness, Mike Wright made it pretty difficult for the ACCC to appeal.
I really can't understand the ACCC putting forward an expert witness who does not support its case theory. If your expert does not support your case theory you shouldn't be taking the case to court in the first place.
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