ACCC v Air New Zealand Limited

Federal Court of Australia
[2014] FCA 1157 (31 October 2014)

Justice Perram

Held no market in Australia (no breach)

See also

• High Court of Australia [2017] HCA 21 (14 June 2017)

• Full Federal Court: ACCC v P T Garuda Indonesia Ltd [2016] FCAFC 42 (21 March 2016)

• Penalty (Air NZ): ACCC v Air New Zealand Limited (No 15) [2018] FCA 1166 (27 June 2018)

• Penalty (Garuda): ACCC v P.T. Garuda Indonesia Ltd (Remedies) [2019] FCA 786 (30 May 2019)

Keywords

Price fixing - arrangement or understanding - market in Australia - substantial lessening of competition

Legislation

Trade Practices Act 1974 (Cth) - s 4E - s 45 - s 45A

In brief

The ACCC claimed that Air NZ and Garuda had been involved in price fixing in relation to certain fuel surcharges. Justice Perrum held that there was no 'market in Australia' and dismissed the case.

Post

An appeal to the Full Federal Court was successful (held there was a market in Australia)

A further appeal to the High Court was dismissed.