Singapore Airlines Ltd v Australian Competition and Consumer Commission [2009] FCAFC 136

FEDERAL COURT OF AUSTRALIA

Singapore Airlines Ltd v Australian Competition and Consumer Commission [2009] FCAFC 136

TRADE PRACTICES – challenge to validity of Notices issued pursuant to s 155 of the Trade Practices Act 1974 (Cth) – analysis of the phrase "including on routes to and/or from Australia" – whether the phrase extends the Notices to the making and giving effect to arrangements fixing the price of international air cargo services supplied on any route throughout the world – whether the matters the subject of the Notices include services not supplied in competition in a market in Australia – Notices not to be construed in a "precious" or "over-technical" manner – "matters" identified in Notices capable of amounting to a contravention of s 45 and constitute valid exercise of power – not "idle speculation" that the relevant competition occurred in a market in Australia – appeal dismissed. Trade Practices Act 1974 (Cth), ss 4E, 45, 45A, 155 Auskay International Manufacturing & Trade Pty Ltd (ACN 078 654 243) v Qantas Airways Ltd (ACN 009 661 901) (2008) 251 ALR 166 referred to Australian Competition and Consumer Commission v Qantas Airways Ltd (ACN 009 661 901) (2008) 253 ALR 89 referred to Australian Competition and Consumer Commission v Singapore Airlines Cargo Pte Ltd (ACN 095 934 857) (2009) 256 ALR 458 referred to Bannerman v Mildura Fruit Juices Pty Ltd (1984) 2 FCR 581 referred to Korean Airlines Co Ltd v Australian Competition and Consumer Commission (No 3) (2008) 247 ALR 781 Melbourne Home of Ford Pty Ltd v Trade Practices Commission and Bannerman (1979) 36 FLR 450 referred to Melbourne Home of Ford Pty Ltd v Trade Practices Commission and Bannerman (No 3) (1980) 47 FLR 163 referred to Pioneer Concrete (Vic) Proprietary Limited v Trade Practices Commission (1982) 152 CLR 460 referred to Pyneboard Pty Ltd v Trade Practices Commission (1982) 57 FLR 368 referred to Re Queensland Co-operative Milling Association Ltd (1976) 25 FLR 169 referred to Queensland Wire Industries Proprietary Limited v The Broken Hill Proprietary Company Limited (1989) 167 CLR 177 referred to Riverstone Computer Services Pty Ltd (ACN 002 311 462) v IBM Global Financing Australia Limited (ACN 002 955 571) [2002] FCA 1608 referred to S A Brewing Holdings Ltd v Baxt (1989) 23 FCR 357 referred to Seven Network Ltd v Australian Competition and Consumer Commission (2004) 140 FCR 170 followed Sherritt Gordon Mines Ltd v Commissioner of Taxation of the Commonwealth of Australia [1977] VR 342 referred to Trade Practices Commission v Pioneer Concrete (Vic) Pty Ltd (1981) 36 ALR 151 referred to Victoria v The Commonwealth (1996) 187 CLR 416 referred to W. A. Pines Pty Ltd v Bannerman (1980) 41 FLR 175 referred to YZ Finance Co Pty Limited v Cummings (1964) 109 CLR 395 referred to J. D. Heydon, Trade Practices Law