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ARTICLE · 29 MARCH 2015

Obeid v Australian Competition and Consumer Commission

Cooper Grace Ward
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Examination notices can require parties to appear at the ACCC offices, give evidence and produce documents.

AustraliaAntitrust/Competition Law
David Grace
David Grace
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The Full Court of the Federal Court recently upheld the validity of compulsory examination notices issued by the ACCC to Paul and Moses Obeid, sons of former NSW government minister Edward Obeid.

Examination notices can require parties to appear at the ACCC offices, give evidence and produce documents in private examinations.

The ACCC issued the notices to the Obeid brothers after an Inquiry by the Independent Commission Against Corruption (ICAC) exposed corrupt and anti-competitive conduct.

In 2008, the NSW Department of Primary Industries (DPI) invited expressions of interest (EOIs) from a limited group of companies in respect of exploration licences over particular mining areas. The DPI did not pursue a public tender process (which was available to it), but did later allow other non-invited companies to take part in the process.

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