Air New Zealand has won a long-running anti-competitive airfreight case against an Australian government regulator in the Australian Federal Court today.
The company’s general counsel John Blair says the decision is important in aviation because international operators need clarity of the legal boundaries of the ‘markets’ in which they operate.
“The distinction between where competitive markets exist and where jurisdiction lies determines which regulators’ requirements must be met,” says Blair.
The case was brought to court by the Australian Competition and Consumer Commission (ACCC) in 2010, alleging agreements with airline competitors in Hong Kong and Singapore between 2000 and 2006.
Air New Zealand and Garuda were the only airlines to defend the allegations through to the trial in May 2013.
The airlines argued that to the extent there were any agreements; they were appropriately authorised by the relevant regulators outside the Australian market.
Today’s decision follows the release of Air New Zealand in June from the civil class action without liability or payment and brings an end to this investigation and legal claims in Australia.
The airfreight industry has been the subject of a globally co-ordinated investigation by competition regulators and civil actions by for more than eight years.
Air New Zealand continues to defend a related class action claim in the United States.
