The Australian High Court unanimously dismisses the appeals by each airline due to their entering into a price-fixing agreement (Air New Zealand)

On 14 June 2017, the High Court of Australia unanimously dismissed the appeals by each airline in Air New Zealand Ltd v Australian Competition and Consumer Commission; PT Garuda Indonesia Ltd v Australian Competition and Consumer Commission [2017] HCA 21. The High Court found that price fixing agreements entered into between Air New Zealand Ltd, PT Garuda Indonesia Ltd, and other international airlines, breached Australia’s competition law. As the conduct occurred between 2002 and 2006, these proceedings were brought under the former Trade Practices Act 1974 (Cth) (TPA), which required that at least two parties to a price-fixing arrangement be in competition with each other in a market in Australia. The key issue of contention was whether the conduct occurred in a market in Australia

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  • Herbert Smith Freehills (Sydney)

Quotation

Patrick Gay, The Australian High Court unanimously dismisses the appeals by each airline due to their entering into a price-fixing agreement (Air New Zealand), 14 June 2017, e-Competitions June 2017, Art. N° 93609

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