Australian Competition & Consumer Commission v Mobil Oil Australia Ltd

This case involves a claim by the Australian Competition and Consumer Commission (ACCC) against three oil companies, Mobil, BP, and Shell, for alleged price fixing arrangements in the retail petroleum products market in Sydney and Melbourne. The ACCC alleges that the companies entered into a contract, arrangement, or understanding to fix, control, or maintain retail prices, in contravention of the Trade Practices Act 1974 (Cth). The respondents argue that the ACCC's further amended statement of claim should be struck out for lack of particularity, abuse of process, and reliance on discovery to provide further particulars. The court held that the ACCC's claim was insufficient on its face and that the reliance on discovery to provide further particulars would be an abuse of process. The further amended statement of claim was struck out, and leave to re-plead was refused. The ACCC was ordered to pay the respondents' costs of the notices of motion.