COMPETITION - controlling supply - market sharing - price fixing - whether there was an arrangement or understanding which contained a cartel provision - whether parties reached the necessary commitment that gave rise to an arrangement or understanding - whether there was a proscribed purpose to control supply, allocate the market and/or fix prices - whether there was an exclusionary provision for the purposes of s 4D of the Competition and Consumer Act 2010 (Cth) - whether the respondents were "in competition with each other" - consideration of no case submission - circumstantial evidence - exclusive dealing "anti-overlap" defence - collective acquisition defence - no contravention of the prohibition on cartel conduct - application dismissed
COMPETITION - bid rigging - whether there was an arrangement or understanding which contained a bid rigging provision - whether there was a change in the pleaded case in relation to the characterisation of the bidding provision - whether the relevant purpose is in relation to a successful "bid" or successful "party" - resale price maintenance "anti-overlap" defence - no contravention of the prohibition on cartel conduct - application dismissed
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