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Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd
''Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd'' (''Baxter'') was a decision of the High Court of Australia, which ruled on 29 August 2007 that Baxter Healthcare Proprietary Limited, a tenderer for various government contracts, was bound by the ''Trade Practices Act 1974'' (TPA, Australian legislation governing anti-competitive behaviour) in its trade and commerce in tendering for government contracts. More generally, the case concerned the principles of derivative governmental immunity:〔There are differing opinions whether the immunity in Australia should be referred to as "Crown immunity" or "governmental immunity". For example, refers to governmental immunity; while refers to Crown immunity. Without judging the merits of which term is more appropriate, this article uses "governmental immunity"〕 whether the immunity of a government from a statute extends to third parties that conduct business with the government.
The High Court's judgment marked a successful appeal for the Australian Competition and Consumer Commission, the Australian regulator of anti-competitive conduct, having lost at first instance and on appeal in the Federal Court of Australia. The ACCC was again successful when the case was remitted to the Federal Court for reconsideration, ending eight years of litigation between the parties. The High Court's judgment was received as a significant precedent in the law of derivative governmental immunity in Australia.
==Background==
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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