01/08/2015
The ACCC lost two appeal cases yesterday dealing with the circumstances in which parties who supply goods or services may also compete with those to whom they supply: these decisions have been published by the Federal Court: (Flight Centre Limited v ACCC [2015] FCAFC 104: http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2015/2015fcafc0104) and (ACCC v Australia and New Zealand Banking Group Limited [2015] FCAFC 103: http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2015/2015fcafc0103)
The Flight Centre decision has attracted the most interest - in this case the ACCC succeeded at first instance and this decision was overturned on appeal. In the ANZ case the ACCC lost at trial and this decision was upheld on appeal (the reasons for decision in ANZ are, however, significantly longer). For more detail and links to media, see my case pages for each: (Flight Centre: http://www.australiancompetitionlaw.org/cases/2013flightcentre.html and ANZ: http://www.australiancompetitionlaw.org/cases/2013anz.html)
COMPETITION – appeal – whether appellant travel agent attempted to induce specific airlines to make a contract, arrangement or arrive at an understanding which had the purpose or effect of substantially lessening competition in a market – consideration of relevant market – characterisation of releva…
