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Air New Zealand Ltd v Australian Competition and Consumer Commission

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Added on  2021-04-22

Air New Zealand Ltd v Australian Competition and Consumer Commission

   Added on 2021-04-22

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Surname;1NameInstructor’s nameCourse DateAir New Zealand Ltd v Australian Competition and Consumer Commission[2017] HCA 21The company was accused of having fuel fixed according to certain surcharges. The trial judge dismissed the case citing that there was no market in Australia. The Australian Competition and Consumer Commission (ACCC) appealed against the trial judge's decision. Theappellant brought charges against the airlines claiming that they were involved in collusive behavior; which involved fixing fees on airlines flying to Singapore and Hong Kong. The airlines' claims were that the provisions of the Act did not apply because the market of the cargo was in the nations of departure1. The litigations were triggered by ACCC accusing the corporations involved, of being in contravention of section 45 of the Trade Practices Act (TPA), which provides that; arrangements should not be put in place to lessen competition or put restrictive trade practices in the market. It was not disputed, whether the parties had entered into agreements that were in contravention of section 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 used regarding goods and services. Section 3(5) of TPA, on the other hand, describes that competition 1Chapman, Simon, and Becky Freeman.Removing the emperor's clothes: Australia and tobacco plain packaging. Sydney University Press, 2013.
Air New Zealand Ltd v Australian Competition and Consumer Commission_1

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