Australian Competition and Consumer Commission v Flight Centre Travel Group Ltd

HIGH COURT OF AUSTRALIAFRENCH CJ,KIEFEL, GAGELER, NETTLE AND GORDON JJAUSTRALIAN COMPETITION AND CONSUMER COMMISSION  APPELLANTANDFLIGHT CENTRE TRAVEL GROUP LIMITED  RESPONDENTAustralian Competition and Consumer Commission v Flight Centre Travel Group Limited[2016] HCA 4914 December 2016B15/2016ORDER1.Appeal allowed.2.Set aside the order of the Full Court of the Federal Court of Australia made on 31 July 2015, and in its place order that: (a)the appeal be allowed in part;(b)the respondent be granted leave to file its amended notice of cross-appeal dated 3 August 2016;(c)the cross-appeal be allowed in part;(d)the declaration made by Logan J on 28 March 2014 be varied as follows:(i)in paragraph 1, omit the words "distribution and booking services for international passenger air travel" and replace them with the words "international airline tickets";(ii)in each of paragraphs 1(a), (b), (c), (d), (e) and (f), omit the words "distribution and booking";(iii)in each of paragraphs 1(a), (b) and (f), omit the words "the retail or distribution margin received by Flight Centre for its booking and distribution services would be maintained" and replace them with the words "the price Flight Centre charged for its supply of international airline tickets would be maintained, and that the price Singapore Airlines charged for its supply of international airline tickets would be fixed, controlled or maintained";(iv)in each of paragraphs 1(c) and (d), omit the words "the retail or distribution margin received by Flight Centre for its booking and distribution services would be maintained" and replace them with the words "the price Flight Centre charged for its supply of international airline...