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Top court challenge could make antitrust law unworkable, Australian builder warns

By James Panichi and Saloni Sinha ( October 30, 2024, 07:11 GMT | Insight) -- To accept that J Hutchinson’s decision against re-employing a non-unionized subcontractor amounted to an “agreement” or an “understanding” with a labor union would distort the meaning of Australia’s competition law to the point of making it unworkable, the company has claimed. In new filings to the High Court of Australia, Hutchinson and the Construction, Forestry and Maritime Employees Union argued that the Australian Competition & Consumer Commission had put forward a definition so “broad and flexible” that it could criminalize basic, competitive pricing decisions made by rival companies.To accept that J Hutchinson’s decision against re-employing a non-unionized subcontractor amounted to an “agreement” or an “understanding” with a labor union would distort the meaning of Australia’s competition law to the point of making it unworkable, the company has claimed....

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