Plumbing the Depths of the Court’s Port Crown Cal

Check out my recent video presentation entitled "Plumbing the Depths of the Court’s Port Crown Call" where I look at Jagot J's decision in ACCC v NSW Ports Operations Hold Co Pty Ltd [2021] FCA 720 and the Full Federal Court decision in ACCC v NSW Ports Operations Hold Co Pty Ltd [2023] FCAFC 16. I consider the questions of Crown immunity, derivative crown immunity and the purpose and effect of substantially lessening competition. I conclude that the decisions were wrongly decided on both derivative crown immunity and the finding that purpose of the relevant Port Commitment Deed provisions was not to substantially lessen competition the NSW market for the provision of container port services.

Run time 43 mins