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Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd (No 2) [2023] FCAFC 37

Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd (No 2) [2023] FCAFC 37

COMPETITION – where provisions of port commitment deeds required the State to compensate port operators if certain container volumes divert to a possible container terminal at the Port of Newcastle – where claims of anti-competitive conduct contrary to law were made – where appeal dismissed but reasons not yet published to the public

PRACTICE AND PROCEDURE – whether redactions to preserve confidentiality of information ought to be made under the Federal Court of Australia Act 1976 (Cth) – where suppression orders made by the primary judge – where there is an ongoing risk of prejudice to public and commercial interests

COSTS – question of appropriate orders as to costs – where parties are agreed


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