The Australian Competition Authority wins an appeal when finding that an undertaking attempted to induce price-fixing arrangements with airlines despite being their agent (Flight Centre)

The High Court has upheld the ACCC’s appeal in the Flight Centre case, finding that Flight Centre attempted to induce price-fixing arrangements with airlines despite being their agent. This decision has significant ramifications for industries that utilise agency distribution models. The case concerned ACCC allegations that a travel agent, Flight Centre, attempted to induce various airlines into making bilateral price-fixing arrangements in contravention of the Trade Practices Act 1974 (now the Competition and Consumer Act 2010). The High Court’s decision reversed the Full Federal Court’s earlier decision in 2015. BACKGROUND TO THE CASE AT TRIAL AND ON APPEAL Flight Centre acts as an agent for and on behalf of airlines in the sale of international airfares. Through the ‘Global

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  • Herbert Smith Freehills (Sydney)

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Liza Carver, The Australian Competition Authority wins an appeal when finding that an undertaking attempted to induce price-fixing arrangements with airlines despite being their agent (Flight Centre), 16 December 2016, e-Competitions December 2016, Art. N° 93606

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