ANZ wins price fixing case
The Federal Court has ruled in favour of ANZ in a case brought by the Australian Competition and Consumer Commission alleging price fixing.The ACCC's claim was that ANZ breached the price fixing provisions of the Trade Practices Act (now the Competition and Consumer Act) when it made an agreement with a broker, Mortgage Refunds, to limit the amount of the refund it could offer customers with ANZ loans.The ACCC said ANZ would only accredit Mortgage Refunds to sell ANZ mortgages if it agreed to limit refunds to $600. The alleged intention of this agreement was to allow ANZ branches to match the refund deal.The ACCC's case was based on a view that ANZ and Mortgage Refunds were competitors, but the court rejected this argument. It said ANZ did not participate in the market for the provision of loan arrangement services in which Mortgage Refunds operated.The case dealt with events that occurred in 2004, and the ACCC started proceedings in 2007.