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Competition tribunal can demand additional economic evidence, key Australian judge says

By James Panichi ( November 6, 2025, 06:59 GMT | Insight) -- Dealmakers approaching Australia’s specialized competition tribunal must remember that, unlike the country’s adversarial federal court, the tribunal is by nature administrative and inquisitorial, and doesn’t bring with it an evidentiary burden of proof, a senior judge has said. Judge Michael O’Bryan, the president of the Australian Competition Tribunal, also said that the tribunal’s powers to call on technical experts to provide additional evidence as part of a review of a merger decision is likely to place economic evidence at the heart of its decision making.Dealmakers approaching Australia’s specialized competition tribunal must remember that, unlike the country’s adversarial federal court, the tribunal is by nature administrative and inquisitorial, and doesn’t bring with it an evidentiary burden of proof, a senior judge has said....

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