Competition Law in Australia - In Full Flight

Competition law reforms and judicial developments continue unabated in Australia. On 14 December 2016 the High Court delivered its judgement in ACCC v Flight Centre Travel Group Limited [2016] HCA 49 and allowed the ACCC’s appeal.  The majority (French CJ dissenting) held that Flight Centre did compete with Singapore, Malaysian and Emirates airlines, even as agent of the airlines, and that ss. 45A and 45 (the then relevant provision) were contravened. The case will return to the Full Federal Court for the determination of penalties.

For an analysis of the relevant Australian anti-competitive provisions and reforms, see:

• Wilson, “Competition Law in Australia under Review – Anti-trust reforms in the Age of Asia, Ageing and the Digital Revolution” (2015) 36 European Competition Law Review 131.
• Wilson, “Anti-competitive arrangements in Australia – the Devil is in the detail Down Under” (2011) 32 European Competition Law Review 379.