Air New Zealand Ltd v Australian Competition and Consumer Commission [2017] HCA 21

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, KEANE, NETTLE AND GORDON JJ

Matter No S245/2016

AIR NEW ZEALAND LTD APPELLANT

AND

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION RESPONDENT

Matter No S248/2016

PT GARUDA INDONESIA LTD APPELLANT

AND

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION RESPONDENT

Air New Zealand Ltd v Australian Competition and Consumer Commission PT Garuda Indonesia Ltd v Australian Competition and Consumer Commission [2017] HCA 21 14 June 2017 S245/2016 & S248/2016

ORDER

Matter No S245/2016

Appeal dismissed with costs.

Matter No S248/2016

Appeal dismissed with costs.

On appeal from the Federal Court of Australia

Representation

B W Walker SC with N J Owens SC and R A Yezerski for the appellant in S245/2016 (instructed by Norton White Lawyers)

N C Hutley SC with T J Brennan and R J Scheelings for the appellant in S248/2016 (instructed by Norton White Lawyers)

J C Sheahan QC and J A Halley SC with D F C Thomas and H Younan for the respondent in each matter (instructed by Australian Government Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Air New Zealand Ltd v Australian Competition and Consumer Commission PT Garuda Indonesia Ltd v Australian Competition and Consumer Commission

Trade practices – Restrictive trade practices – Price fixing – Market identification – Location of market – Meaning of market "in Australia" – Where airlines competed to supply unidirectional air cargo services from ports of origin outside Australia to destination ports within Australia – Where airlines arrived at understanding to impose various surcharges and fees for supply of air cargo services – Whether market for air cargo services "in Australia" for purposes of Trade Practices Act 1974 (Cth).