ACCC unsuccessful In Air Cargo Proceedings Against Air New Zealand and Garuda
ACCC unsuccessful In Air Cargo Proceedings Against Air New Zealand and Garuda In a judgment handed down today in the Federal Court, Perram J dismissed allegations brought by the ACCC that Air New Zealand and Garuda had colluded between 2001 and 2006 with other Airlines to fix surcharges and fees for air cargo services in contravention of the TRADE Practices Act 1974 (TPA) now the Competition and Consumer Act 2010. Perram J dismissed all the allegations on the basis that the conduct did not have the purpose or likely effect of substantially lessening competition in a MARKET in Australia, as required under s 45 of the TPA. The alleged anti competitive conduct The ACCC alleged that anti competitive conduct including price fixing had occurred in MARKETS in which cargo was flown from Hong Kong, Singapore and Indonesia into Australia.Through industry bodies in each of those overseas jurisdictions,the ACCC alleged that Airline representatives had met to fix fees and surcharg...