Air New Zealand Ltd v Australian Competition and Consumer Commission

Added on - 22 Apr 2021

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Surname;1NameInstructor’s nameCourseDateAir New Zealand Ltd v Australian Competition and Consumer Commission[2017] HCA 21The company was accused of having fuel fixed according to certain surcharges. The trialjudge dismissed the case citing that there was no market in Australia. The AustralianCompetition and Consumer Commission (ACCC) appealed against the trial judge's decision. Theappellant brought charges against the airlines claiming that they were involved in collusivebehavior; which involved fixing fees on airlines flying to Singapore and Hong Kong. Theairlines' claims were that the provisions of the Act did not apply because the market of the cargowas in the nations of departure1.The litigations were triggered by ACCC accusing the corporations involved, of being incontravention of section 45 of the Trade Practices Act (TPA), which provides that; arrangementsshould not be put in place to lessen competition or put restrictive trade practices in the market. Itwas not disputed, whether the parties had entered into agreements that were in contravention ofsection 45 (2) of TPA. The bone of contention was whether the conduct occurring was within theAustralian market. Section 4E of the Act describes a market as a market in Australia usedregarding goods and services. Section 3(5) of TPA, on the other hand, describes that competition1Chapman, Simon, and Becky Freeman.Removing the emperor's clothes: Australia and tobacco plain packaging.Sydney University Press, 2013.
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