Air New Zealand Ltd v Australian Competition and Consumer Commission

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, KEANE, NETTLE AND GORDON JJMatter No S245/2016AIR NEW ZEALAND LTD  APPELLANTANDAUSTRALIAN COMPETITION AND CONSUMER COMMISSION  RESPONDENTMatter No S248/2016PT GARUDA INDONESIA LTD  APPELLANTANDAUSTRALIAN COMPETITION AND CONSUMER COMMISSION  RESPONDENTAir New Zealand Ltd v Australian Competition and Consumer CommissionPT Garuda Indonesia Ltd v Australian Competition and Consumer Commission[2017] HCA 2114 June 2017S245/2016 & S248/2016ORDERMatter No S245/2016Appeal dismissed with costs.Matter No S248/2016Appeal dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationB 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.CATCHWORDSAir New Zealand Ltd v Australian Competition and Consumer CommissionPT Garuda Indonesia Ltd v Australian Competition and Consumer CommissionTrade 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...