Australian Competition and Consumer Commission v Malaysia Airline System Berhad (No 2) [2012] FCA 767

Australian Competition and Consumer Commission v Malaysia Airline System Berhad (No 2) [2012] FCA 767

Malaysia Airlines Cargo contravened s 45 of the Trade Practices Act 1974 (Cth) by arriving at and giving effect to price-fixing arrangements on surcharges and fees for air cargo services from Indonesia to other countries including Australia, warranting a pecuniary penalty of $6 million and injunctive relief as jointly submitted by the parties.

Jurisdiction
Australia
Judgment Date
14 June 2012
Procedural Posture
Civil / Final Judgment and Orders
Outcome
Penalty and injunctive relief granted by consent, proceedings otherwise dismissed.
Legal Topics
['price Fixing' 'cartel Conduct' 'international Air Cargo' 'pecuniary Penalties' 'injunctions']
['competition Law'] ['price Fixing' 'cartel Conduct' 'international Air Cargo' 'pecuniary Penalties' 'injunctions']

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Procedural Posture

Civil / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether Malaysia Airlines Cargo contravened s 45 of the Trade Practices Act 1974 (Cth) by engaging in cartel conduct' 'Whether penalty and injunctive relief are appropriate']

Ratio Decidendi

Malaysia Airlines Cargo contravened s 45 of the Trade Practices Act 1974 (Cth) by arriving at and giving effect to price-fixing arrangements on surcharges and fees for air cargo services from Indonesia to other countries including Australia, warranting a pecuniary penalty of $6 million and injunctive relief as jointly submitted by the parties.

Court Disposition

Penalty and injunctive relief granted by consent, proceedings otherwise dismissed.

Orders

  • ['The second respondent pay the Commonwealth of Australia a pecuniary penalty in the total sum of $6 million in respect of contraventions of ss 45(2)(a)(ii) and (b)(ii) of the Trade Practices Act 1974 (Cth), now the Competition and Consumer Act 2010 (Cth), occurring after April 2004.' 'The pecuniary penalty of $6...