22 Apr 2013
THE COMMERCE COMMISSION V CATHAY PACIFIC AIRWAYS LIMITED HC AK CIV-2008-404-8357
- Citation
- openlaw-28e3fc2f_2172_443a_87a2_fcb769a2adae.pdf
- Court
- High Court
The court found Cathay Pacific committed serious, sustained cartel conduct (FSAs and SSAs) over several years; commercial gain was not readily ascertainable so statutory maxima based on turnover applied but penalty assessment prioritised deterrence. The parties' agreed starting point of $5.2–$5.6 million was justified on analogous case law and facts; after allowing a 20% reduction for mitigation (co-operation, compliance reforms, acceptance of liability and other factors), the final approved pecuniary penalty of $4.3 million was within the appropriate range and therefore imposed together with…