The Australian Federal Court rules in favor of Competition Authority’s appeal against an air cargo provider and clarifies when a market is "in Australia" (P T Garuda Indonesia)

On 21 March 2016, the Full Court of the Federal Court allowed the ACCC’s appeal by a 2:1 majority in Australian Competition and Consumer Commission v P T Garuda Indonesia Ltd [2016] FCAFC 42. This case concerned allegations that P.T. Garuda Indonesia Ltd and Air New Zealand Ltd were party to certain price-fixing arrangements or understandings with other airlines concerning air cargo services from Hong Kong, Singapore and Indonesia to ports in Australia. Although the ACCC established relevant price-fixing arrangements at first instance, it lost because it failed to persuade Perram J that Garuda and Air New Zealand supplied the relevant air cargo services in a market in Australia. This was an essential element that the ACCC had to establish for the purposes of the price-fixing

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  • Herbert Smith Freehills (Sydney)

Quotation

David Vallance, The Australian Federal Court rules in favor of Competition Authority’s appeal against an air cargo provider and clarifies when a market is "in Australia" (P T Garuda Indonesia), 21 March 2016, e-Competitions March 2016, Art. N° 93531

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