Australia's Top Court To Hear Antitrust Test Case

Law360, New York (February 12, 2007, 12:00 AM EST) -- An Australian court’s ruling that a medical supplier to public hospitals shared government immunity to flout antitrust laws has become a test case for the country’s High Court.

The Australian Competition and Consumer Commission has been granted special leave to appeal a finding by the full federal court that Baxter Healthcare was exempt from the Trade Practices Act because it was doing business with the government.

The lower court ruled that if the state’s health authorities were protected from competition laws, Baxter, a privately owned business,...
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