Recent News - News Article

McKenzie LawyersPty Ltd

Meet our key principals

Click here to meet and greet the people behind the name.

Send this page to a friend or family member.

Do you know of some one who is need of this information, Click here to send them a link to this page.

Give us your feedback!

At ML we value your feedback, please feel free to click here and express your matters so we can serve you better!

High Court rules in ACCC's favour in air cargo cartel case

15/06/2017 8:33:22 PM

The Australian Competition and Consumer Commission (ACCC) noted that the High Court of Australia has found that price fixing agreements entered into between Air New Zealand Ltd (Air NZ), PT Garuda Indonesia Ltd (Garuda), and other international airlines, which occurred between 2002 and 2006, breached Australia's competition law.

"This is a significant win for the ACCC in the long-running, highly contested air cargo cartel proceedings," ACCC Commissioner Sarah Court said.

The ACCC took action against Air NZ in 2009 and Garuda in 2010 alleging they colluded with other airlines on charges for fuel, security, insurance surcharges, and a customs fee, for the carriage of air freight from origin ports in Hong Kong (both airlines), Singapore (Air NZ) and Indonesia (Garuda) to destination ports in Australia. Under the law as it then stood, the ACCC was required to establish that the conduct occurred in a 'market in Australia'.

The High Court unanimously dismissed the appeals by each airline and held that all aspects of the market, including the presence of customers in Australia, need to be considered in deciding whether a market is 'in Australia'.

"How a market is defined, including considerations of whether conduct occurs in Australia, are critical issues to the understanding and interpretation of Australian competition law," Ms Court said.

The matters against Air NZ and Garuda will be remitted to the Federal Court for a hearing as to relief, including penalty.

Our Locations

Katoomba

164 Katoomba St,
Katoomba NSW 2780
Ph: 02 4704 4310

Sydney - By Appointment.

Level 11/ 65 York St,
Sydney NSW 2000
Ph: 02 8014 5829

We're mobile!

McKenzie Lawyers are now mobile. Certain areas only - click here to enquire now!

For each settled matter this month enjoy a free movie ticket on us *.
© 2016, McKenzie Lawyers, 164 Katoomba St, Katoomba, NSW 2780 | (02) 4704 4310 Disclaimer | Privacy Policy

Recent News

ASIC joins previously banned financial adviser to proceeding against Melbourne-based financial services business 17/08/2017 9:08:01 PM
read more

ACCC grants authorisation to Virgin Australia's mainland China and Hong Kong airline alliance 16/08/2017 8:43:47 PM
read more

Commonwealth Bank to refund over $10 million for mis-sold consumer credit insurance 15/08/2017 7:24:23 PM
read more