The Federal Court has ruled in favour of the ACCC in proceedings against Mastercard Asia/Pacific, over the relevance of Reserve Bank of Australia payments data to a marathon civil trial scheduled for next year.

Justice Michael Wigney this week ruled “judicial notice is taken of the statistical information contained in publications issued in the name of, by, or under the authority of the Reserve  Bank  of Australia.”

The ACCC has commenced proceedings alleging, among other things, that Mastercard Asia/Pacific Pte Ltd and Mastercard Asia/Pacific (Australia) Pty Ltd misused market power.

 Mastercard denies the ACCC’s allegations and is defending the proceeding. The trial is listed to commence on 24 March 2025 with an estimated length of six weeks.

The ACCC filed an interlocutory application in which it sought an advanced ruling from the Court, in respect of the question whether the Court can and should take judicial notice of certain specified information pursuant to s85A of the  Reserve Bank Act.

Refuting Mastercard arguments that RBA payments data was, at least, contestable, the judge ruled in favour of the ACCC.