Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJAUSTRALIAN COMPETITION AND CONSUMER COMMISSION  APPELLANTANDBAXTER HEALTHCARE PTY LIMITED & ORS  RESPONDENTSAustralian Competition and Consumer Commission v Baxter Healthcare Pty Limited [2007] HCA 3829 August 2007S56/2007ORDER1.Appeal allowed.2.Set aside the orders of the Full Court of the Federal Court of Australia made on 24 August 2006.3.Remit the matter to the Full Court of the Federal Court of Australia for further consideration in accordance with the reasons of this Court.4.Respondents to pay the appellant's costs of the appeal to this Court.  The costs of the proceedings to date otherwise to be in the discretion of the Full Court of the Federal Court of Australia.On appeal from the Federal Court of AustraliaRepresentationL G Foster SC with A I Tonking and J S Gleeson for the appellant (instructed by Australian Government Solicitor)D M Yates SC with I S Wylie for the first respondent (instructed by Blake Dawson Waldron)R J Meadows QC, Solicitor-General for the State of Western Australia with J C Pritchard for the second respondent (instructed by State Solicitor's Office (WA))C J Kourakis QC, Solicitor-General for the State of South Australia with G F Cox and S A McDonald for the third respondent (instructed by Crown Solicitor's Office (SA))M G Sexton SC, Solicitor-General for the State of New South Wales with S J Gageler SC and N L Sharp for the fourth respondent (instructed by Crown Solicitor for New South Wales)Notice:  This copy of the Court's Reasons for Judgment is subject to...