Australian Competition and Consumer Commission v The Construction, Forestry, Mining and Energy Union (No 2) [2017] FCA 1191

COMPETITION – secondary boycott – attempted secondary boycott – meaning of conduct “in concert” – meaning of “substantial loss or damage” – rebuttable presumption in s 45DC of the Competition and Consumer Act 2010 (Cth) – whether an instruction was given – whether an instruction was implemented EVIDENCE – admissibility of representations made in furtherance of a common purpose under s 87(1)(c) of the Evidence Act 1995 (Cth) – reliance on coincidence reasoning to prove a fact – application of s 98 of the Evidence Act 1995 (Cth) – inferences where a party fails to call a witness