Flight Centre Limited v Australian Competition and Consumer Commission (No 2) [2018] FCAFC 53

FEDERAL COURT OF AUSTRALIA

Flight Centre Limited v Australian Competition and Consumer Commission (No 2) [2018] FCAFC 53 Appeal from: Australian Competition and Consumer Commission v Flight Centre Limited (No 3) [2014] FCA 292

File number: QUD 150 of 2014

Judges: ALLSOP CJ, DAVIES AND WIGNEY JJ

Date of judgment: 4 April 2018

Catchwords: COMPETITION – contraventions of s 45(2)(a)(ii) of the Trade Practices Act 1974 (Cth) – appeal and cross-appeal as to penalty – competition in a market for the sale of international airline tickets – conduct of contravenor deliberate but asserted as being done with belief that conduct was lawful – involvement of senior management and chief executive officer in contraventions – resentencing – appropriate pecuniary penalty

Legislation: Trade Practices Act 1974 (Cth), ss 45, 76

Cases cited: Australasian Meat Industry Employees' Union v Australia Metal Holdings Pty Ltd [1998] FCA 664; 82 IR 76 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (the Agreed Penalties Decision) [2017] FCAFC 113 Australian Competition and Consumer Commission v Australia and New Zealand Banking Group Ltd [2016] FCA 1516; 118 ACSR 124 Australian Competition and Consumer Commission v Cathay Pacific Airways Ltd (No 3) [2012] FCA 1392; ATPR 42-425 Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2017] FCAFC 159 Australian Competition and Consumer Commission v Emirates [2012] FCA 1108; ATPR 42-422 Australian Competition and Consumer Commission v Flight Centre Limited (No 2) [2013] FCA 1313; 307 ALR 209 Australian Competition and Consumer Commission v Flight Centre Limited (No 3) [2014] FCA 292; 234 FCR 325 Australian Competition and Consumer Commission v Flight Centre Limited [2016] HCA 49; 91 ALJR 143 Australian Competition and Consumer Commission v George Weston Foods Ltd [2000] FCA 690; ATPR 41-76 Australian Competition and Consumer Commission v Mitsubishi Electric Australia Pty Ltd [2013] FCA 1413 Australian Competition and Consumer Commission v Singapore Airlines Cargo Pte Ltd [2012] FCA 1395 Australian Competition and Consumer Commission v Ticketek Pty Ltd [2011] FCA 1489 Australian Competition and Consumer Commission v Visy Paper Pty Ltd (No 2) [2004] FCA 1471; 212 ALR 564 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Telstra Corporation Limited [2007] FCA 1607 Flight Centre Limited v Australian Competition and Consumer Commission [2015] FCAFC 104; 234 FCR 367 Green v The Queen [2011] HCA 49; 244 CLR 462 R v Carroll [2010] NSWCCA 55; 77 NSWLR 45 R v JW [2010] NSWCCA 49; 77 NSWLR 7 Universal Music Australia Pty Ltd v Australian Competition and Consumer Commission [2003] FCAFC 193; 131 FCR 529 Visy Paper Pty Ltd v Australian Competition and Consumer Commission [2005] FCAFC 236; 224 ALR 390