United Voice v Brisbane Executive Security Teams Pty Ltd and Anor (No.2)

United Voice (the applicant) brought proceedings against Brisbane Executive Security Teams Pty Ltd and Anor (the respondents) in the Federal Court of Australia. The dispute concerned the alleged contravention of section 50 of the *Competition and Consumer Act 2010* (Cth) (the Act), which prohibits mergers and acquisitions that substantially lessen competition. The applicant sought declarations and injunctions to prevent the respondents from completing a proposed acquisition.

The primary legal issue before the Court was whether the proposed acquisition by the respondents would have the effect, or likely effect, of substantially lessening competition in a market for security services in Queensland. This required the Court to define the relevant market, assess the competitive effects of the acquisition within that market, and determine if any lessening of competition would be substantial.

In reaching its decision, the Court considered extensive economic evidence and expert reports. His Honour Judge Vasta applied the principles established in competition law jurisprudence, focusing on the likely future state of competition post-acquisition. The Court analysed factors such as market concentration, barriers to entry, the potential for unilateral or coordinated effects, and the availability of substitutes. The Court ultimately found that the proposed acquisition would not substantially lessen competition in the relevant market, as the remaining competitors would continue to exert sufficient competitive constraint.