MinterEllison recently took out the top gong at the Global Competition Review (GCR) awards for Behavioural matter of the year (Asia-Pacific, Middle East and Africa).

The team, led by Grant Mitchell (Partner), and supported by Marc Bevilacqua (Special Counsel) and Elise Holmes (Associate), received this prestigious award for a landmark case leading the Australian Egg Corporation Limited (AECL) and Managing Director, James Kellaway's successful challenge to the Australian Competition and Consumer Commission’s (ACCC) allegations of illegal collusion to reduce egg supplies.

The ACCC alleged the AECL, an industry body, had attempted to induce cartel conduct by colluding with egg producers to enter into an arrangement or understanding to reduce the supply of eggs by culling hens or disposing of eggs.

The case was dismissed at first instance on the grounds that while AECL intended that egg producers should take individual action to address the oversupply of eggs, no attempt was made to induce the egg producers to enter into an agreement or understanding to do so.

In September 2017, the Full Court of the Federal Court dismissed the ACCC’s appeal against the Federal Court’s earlier dismissal of the charges.

This case raised complex questions around what constitutes 'attempt' in relation to cartel conduct and intention to collectively constitute a contract, arrangement or understanding under the Competition and Consumer Act 2010 (CCA).

It also highlights the implications for trade and industry associations and what information sharing is educational and what is risky. This is a priority focus area for the ACCC with the recent introduction of a concerted practices prohibition to the CCA, which is concerned with cooperation falling short of a contract or understanding involving reciprocal obligations.

MinterEllison was also shortlisted for GCR's Merger Control matter of the year (Asia-Pacific, Middle East and Africa) for Tabcorp's A$11.3 billion acquisition of wagering operator, Tatts. MinterEllison advised CrownBet on its intervention of this merger authorisation application, with a team led by Geoff Carter (Partner), Glen Ward (Partner) and Miranda Noble (Special Counsel).

This was the largest, most complex and contested merger clearance in Australia in recent times and the second consecutive year the firm was involved in a matter shortlisted in the merger control matter of the year category.

2018 marks the eighth year running that GCR has recognised MinterEllison as having an Elite competition practice.