The Australian Competition and Consumer Commission's secondary boycott case against the CFMEU construction and general division's Victorian branch has been set down for a six-week trial in September next year.
The ACCC is continuing investigations into allegations aired in the Heydon Royal Commission of anti-competitive conduct by the Transport Workers Union and Toll Holdings.
FWBC advisory board chair John Lloyd says he is "surprised" the ACCC does not have enough evidence to launch a prosecution against the CFMEU for taking secondary boycott action against concrete supplier Boral.