Australia: Australia Cement has been found in breach of Australian competition for a fly ash contract that lessened competition. As reported by The Australian newspaper, Justice Andrew Greenwood of the Federal Court in Brisbane made the verdict in a case against the cement producer by the Australian Competition & Consumer Commission (ACCC).
The ACCC had alleged that Cement Australia had breached the abuse of market power provision though a fly ash contract with Millmerran Power Partners. While finding no breach of section 46 of the Act, Justice Greenwood said Cement Australia had breached section 45 through a contract to buy the fly ash from the power station.
Only interim declarations were publicly released to give the parties the chance to go through the about 500-page judgment in case of any confidentiality issues. Justice Greenwood reserved his decision on costs and no decision was made on any penalties.