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Australian High Court in Landmark Ruling on Attempted Price Fixing Between Travel Agent and Airlines

The Australian High Court recently upheld an appeal by the Australian competition regulator (“the ACCC”) that a travel agent Flight Centre (“Flight Centre”) engaged in attempted price fixing in contravention of the Trade Practices Act 1974 (“TPA”) now the Competition and Consumer Act 2010 (“CCA”) when it attempted to prevent several airlines from undercutting it on airfare prices.  The High Court decision was a majority decision of 4:1.
  • 22 Dec 2016

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Airlines lose cartel appeal

On 21 March, the Full Federal Court (FFC) upheld an appeal from the Australian Competition and Consumer Commission (ACCC) and found that Air New Zealand and Garuda Airlines of Indonesia were guilty of fixing surcharges for the carriage of air cargo from outside Australia to Australian airports in breach of the anti-cartel provisions of the Competition and Consumer Act 2010 (Act). The surcharges, the subject of the cartel arrangements, were charged to Australian importers who then passed them on to consumers.
  • 23 Mar 2016

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