Australia anti competitive agreements

ACCC v Air New Zealand Ltd

[2017] HCA 21

JurisdictionAustralia

CourtHigh Court of Australia

Year2017

StatusBinding authority

Summary

International airfreight price-fixing cartel affecting Australian commerce falls within the extraterritorial reach of the Competition and Consumer Act's cartel provisions.

Key Principle

The HCA considered the extraterritorial reach of the CCA's price-fixing provisions; a cartel involving international airfreight that affected Australian commerce fell within the scope of the Act.

Area of Law

competition

Related Cases

ACCC v Pacific National Pty Ltd [2020] FCAFC 77

Full Federal Court considered the test for substantially lessening competition under s.50 CCA in the context of a rail freight acquisition.

ACCC v Yazaki Corporation (2018) 262 CLR 1

HCA upheld record cartel penalties for wire harness market conduct, affirming that penalties must deter contravener and others, considering nature, extent, and duration of cartel.

ACCC v Pfizer Australia Pty Ltd [2018] FCAFC 78

Full Federal Court considered whether Pfizer's patent evergreening strategy in the pharmaceutical market constituted misuse of market power under s 46 of the Competition and Consumer Act.

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