Accc v Baxter Healthcare Pty Ltd

JurisdictionAustralia Federal only
JudgeGleeson CJ,Gummow,Hayne,Heydon,Crennan JJ.,Kirby J.,Callinan J.
Judgment Date29 August 2007
Neutral Citation[2007] HCA 38,2007-0829 HCA A
CourtHigh Court
Docket NumberS56/2007
Date29 August 2007
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17 cases
  • Northern Territory of Australia v Arnhem Land Aboriginal Land Trust
    • Australia
    • High Court
    • 30 July 2008
    ...in Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd (2007) 81 ALJR 1622 at 1652–1653 [138]; 237 ALR 512 at 551; [2007] HCA 38. 61 Joint reasons at 62 Land Rights Act, s 5(1)(b). 63 See joint reasons at [58]. 64 cf Griffiths (2008) 82 ALJR 899. 65 See at n 94 below.......
  • Gnych v Polish Club Ltd
    • Australia
    • High Court
    • 17 June 2015
    ...Pty Ltd (1989) 168 CLR 242 at 249; [1989] HCA 63. 23 (2012) 246 CLR 498 at 513 [23]; [2012] HCA 7. 24 (2007) 232 CLR 1 at 29 [45]; [2007] HCA 38. 25 (1978) 139 CLR 410 at 423; [1978] HCA 26 (2007) 232 CLR 1 at 29 [46]. 27 (2008) 236 CLR 101 at 107 [11]; [2008] HCA 38. 28 Australian Broadcas......
  • Master Education Services Pty Ltd v Ketchell
    • Australia
    • High Court
    • 27 August 2008
    ...towards consumers in the industry’ 33. 16 As was pointed out in the passage from Yango Pastoral Company v First Chicago34, cited in ACCC v Baxter Healthcare35, it does not always follow from a prohibition directed to one party to an agreement that the contract is void. In Yango Pastoral Com......
  • Habib v Commonwealth of Australia
    • Australia
    • Full Federal Court (Australia)
    • Invalid date
  • Request a trial to view additional results
4 firm's commentaries
  • ACCC V Baxter Healthcare - Derivative Crown Immunity Confined
    • Australia
    • Mondaq Australia
    • 31 August 2007
    ...Court handed down its decision in the case of Australian Competition and Consumer Commission v Baxter Healthcare Pty Limited & Others [2007] HCA 38. The decision is of particular interest to departments and agencies engaged in procurement, and businesses dealing with government. It is a......
  • Doing business with government in Australia - no immunity from breach of the Trade Practices Act
    • Australia
    • Mondaq Australia
    • 31 October 2007
    ...29 August 2007, the Australian High Court handed down its decision in ACCC v Baxter Healthcare Pty Limited [2007] HCA 38. The decision is significant for any company dealing with Australian Federal, State and Territory government bodies, such as purchasing authorities. The decision sweeps a......
  • Doctrine Of Derivative Crown Immunity
    • Australia
    • Mondaq Australia
    • 28 August 2008
    ...purchasing authorities and the Trade Practices Act. In August 2007, the High Court decided, in ACCC v Baxter Health Care Pty Ltd [2007] HCA 38, that the doctrine derivative Crown immunity did not protect Baxter Health Care from Part IV of the Trade Practices Act 1974 (Cth) (TPA) in its deal......
  • Beware of the TPA's anti-competitive provisions when tendering
    • Australia
    • Mondaq Australia
    • 13 October 2010
    ...in relation to its dealings with government authorities (Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd [2007] HCA 38). Subsequently, the full court of the Federal Court held that Baxter had contravened ss.46 and 47 by responding to a request for tender and negot......
2 books & journal articles
  • The 2017 Winterton Lecture. Sir Owen Dixon Today
    • Australia
    • University of Western Australia Law Review No. 43-1, January 2018
    • 1 January 2018
    ...PT Garuda Indonesia Ltd v AECC (2012) 247 CLR 240, [19]; [2012] HCA 33; cf ACCC v Baxter Healthcare Pty Ltd (2007) 232 CLR 1, [2]; [2007] HCA 38. 138 Gummow, ‘The Selection of the Major Premises’ [2013] 2 Cambridge Journal of International and Comparative Law 47. 139 Symeonides, Choice of L......
  • Australia
    • United States
    • ABA Antitrust Library Competition Laws Outside the United States. Volume I - Third Edition
    • 2 February 2020
    ...or services acquired from a competitor of the supplier; 377 or 372. See MERGER GUIDELINES, supra note 40, ¶ 5.4. 373. Id. ¶ 5.2. 374. [2007] H.C.A. 38. 375. See ACCC v. Baxter Healthcare [2008] F.C.A.F.C. 141. 376. CCA § 47(1). Australia-74  the purchaser will not re-supply the goods or se......

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