What do you know about a ‘smoking gun’?
The Full Court of the Federal Court of Australia has handed down its long-awaited decision in the Australian Competition and Consumer Commission’s appeal of the Pfizer case. The case concerns when the testimonial evidence of managers responsible for developing a competitive strategy will overrule anti-competitive statements in ‘smoking gun’ documents.
The Full Court dismissed the ACCC’s appeal, finding that Pfizer had not misused its substantial market power for an anti-competitive purpose, and had not engaged in exclusive dealing conduct.
The ACCC has said that it is carefully considering the judgment. The ACCC has 28 days from the date of the judgment to seek leave to appeal to the High Court.
How does the Court treat ‘smoking gun’ documents v the ‘final word’ of management? Read more via our Alert written by Sharon Henrick and Rebecca Prior.