Australian Competition and Consumer Commission v Singapore Airlines Cargo Pte Ltd [2009] FCA 510

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Singapore Airlines Cargo Pte Ltd [2009] FCA 510

TRADE PRACTICES – application to strike out statement of claim – whether statement of claim discloses reasonable cause of action – whether statement of claim fails to identify a market in Australian within the meaning of s 4E of the Trade Practices Act 1974 (Cth) – whether statement of claim fails to plead material facts and alleges contraventions with such generality that they cannot amount to contraventions of the Trade Practices Act ­­– global market is capable of constituting a market in Australia – market in Australia within the meaning of the Trade Practices Act sufficiently identified in pleading – pleadings failed to establish how alleged understandings have the proscribed effect on competition in a market in Australia – failure to state material facts – statement of claim struck out. Trade Practices Act 1974 (Cth) ss 4D, 5, 45, 45A Auskay International Manufacturing & Trade Pty Ltd v Qantas Airways Ltd (2009) 251 ALR 166 distinguished Australian Competition and Consumer Commission v British Airways PLC [2008] FCA 1977 distinguished Australian Competition and Consumer Commission v Qantas Airways Ltd (2009) 253 ALR 89 distinguished Banque Commerciale SA en liquidation v Akhil Holdings Limited (1990) 169 CLR 279 referred to Eastern Express Pty Limited v General Newspapers Pty Limited (1991) 30 FCR 385 referred to Emirates v Australian Competition and Consumer Commission [2009] FCA 312 followed Kuligowski v Metrobus (2004) 220 CLR 363 applied Queensland Wire Industries Proprietary Limited v Broken Hill Proprietary Company Limited (1989) 167 CLR 177 referred to Riverstone Computer Services Pty Limited v IBM Global Financing Australia Limited [2002] FCA 1608 referred to Rural Press Limited v Australian Competition and Consumer Commission (2003) 216 CLR 53 applied Singapore Airlines Limited v Taprobane Tours WA Pty Ltd (1991) 33 FCR 158 referred to South Sydney District Rugby League Ltd v News Ltd (2000) 177 ALR 611 referred to AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v SINGAPORE AIRLINES CARGO PTE LTD (ACN 095 934 857)