High Court of Australia

Australian Competition and Consumer Commission v Flight Centre Travel [2016] HCA 49

14 Dec 2016

Case Number: B15/2016


French CJ, Kiefel, Gageler, Nettle, Gordon JJ


Trade practices – Restrictive trade practices – Substantially lessening competition – Price fixing – Where travel agent sold international airline tickets on behalf of airlines – Where travel agent attempted to induce airlines to agree not to discount price at which international airline tickets offered directly to customers – Whether travel agent acting as agent for airlines – Whether travel agent and airlines "in competition" notwithstanding travel agent supplied as agent for airlines – Trade Practices Act 1974 (Cth), ss 45(2)(a)(ii), 45(3), 45A.

Trade practices – Restrictive trade practices – Market definition – Relevance of "functional approach" to market definition.

Words and phrases – "agency agreement", "agent", "competition", "functional approach to market definition", "international air carriage", "market", "price fixing", "substantially lessening competition".

Trade Practices Act 1974 (Cth) – ss 4E, 45, 45A.

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