The Federal Court of Australia finds no breach of legislation in air cargo cartel case on ground that it did not involve a ‘market in Australia’ (Air New Zealand)

The Australian Federal Court recently handed down a decision relating to the international air cargo cartel (the Air NZ case). Despite finding that the defendants, Air New Zealand Limited (Air NZ) and PT Garuda Indonesia Ltd (Garuda), had engaged in price fixing conduct which might have affected prices in Australia, Justice Perram held that there was no contravention of Australian competition law because the conduct did not take place in a ‘market in Australia’. It is not yet known whether the ACCC will appeal the decision. Background The international air cargo cartel involved the fixing of base rates and surcharges for international air cargo services. Most of the conduct alleged took place between 1999 and 2006 and has led to various enforcement actions and the imposition of

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  • Deakin University (Geelong)

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Julie Clarke, The Federal Court of Australia finds no breach of legislation in air cargo cartel case on ground that it did not involve a ‘market in Australia’ (Air New Zealand), 31 October 2014, e-Competitions Bulletin October 2014, Art. N° 70608

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