Australian Competition and Consumer Commission v Flight Centre TravelCitation:[2016] HCA 49Before:French CJ, Kiefel, Gageler, Nettle, Gordon JJDate:14 Dec 2016Case Number:B15/2016Read more
The court held that the travel agent and airlines were in competition for the purposes of the Act, and the travel agent's conduct constituted an attempt to fix prices, which substantially lessened competition.
- Parties
- Applicant: Unknown Travel Agent; Respondent: Unknown Airlines
- Jurisdiction
- Australia
- Judgment Date
- 14 December 2016
- Procedural Posture
- Trade Practices / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Restrictive Trade Practices, Price Fixing, Market Definition
Case Brief
Summary, issues, holding and outcome
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Parties
Unknown Travel Agent
Applicant
Unknown Airlines
Respondent
Procedural Posture
Trade Practices / Judgment
Legal Issues
- 1 Whether travel agent acted as agent for airlines
- 2 Whether travel agent and airlines were in competition
- 3 Whether attempted price fixing substantially lessened competition
Ratio Decidendi
The court held that the travel agent and airlines were in competition for the purposes of the Act, and the travel agent's conduct constituted an attempt to fix prices, which substantially lessened competition.
Court Disposition
Application dismissed
Orders
- The application is dismissed.
Full Case Text
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