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Air New Zealand fined AUD 15 million for price fixing

June 28, 2018 Headline News No Comments Email Email

The Federal Court has ordered Air New Zealand to pay AUD 15 million in penalties after legal action by the Australian Competition and Consumer Commission (ACCC) against a global air cargo cartel.

The Court found Air NZ made and gave effect to agreements with other airlines to fix the price of fuel and insurance surcharges on airfreight services from Hong Kong, and insurance and security charges from Singapore, to various locations, including Australian airports, between 2002 and 2007.

“These illegal price fixing agreements unfairly reduced competition for the transport cost for goods flown into Australia,” ACCC Commissioner Sarah Court said.

The Court ordered Air NZ to pay a pecuniary penalty of AUD 11.5 million for price fixing in relation to fuel surcharges imposed for cargo from Hong Kong to Australia. An additional AUD 3.5 million penalty is payable for price fixing in relation to the insurance and security surcharge from Singapore to Australia.http://mekongtourismforum.org/index.php/2018/05/09/mtf-2018-web-banners/

“This decision sends a strong warning to overseas and domestic operators that the ACCC can and will continue to defend competition and the rights of Australian customers and businesses by taking action against anti-competitive conduct,” Court said.

Since the ACCC first launched its investigation into the air cargo cartel in 2006, penalties totalling AUD 113.5 million have been imposed against 14 airlines.

“Our efforts over the last decade and these significant penalties make clear the ACCC’s commitment to tackling cartels,” Court said.

Air NZ has also agreed to pay AUD 2 million towards the ACCC’s legal costs.

The penalty hearing against the 15th airline, PT Garuda Indonesia Ltd, was heard before Justice Perram this week. Judgment in that matter has been reserved.

Background

Competition regulators around the world have taken action in relation to the air cargo cartel, with fines or penalties ordered against various airlines in Europe, the United States, Korea, New Zealand, Canada, and India.

The ACCC commenced legal action against 15 international airlines between 2008 and 2010 under the Trade Practices Act (1974) for conduct which occurred between 2002 and 2006.

In October 2014 the Federal Court initially dismissed the ACCC’s case against Air NZ and Garuda. The ACCC appealed the decision to the Full Court of the Federal Court, which upheld the ACCC’s appeal in March 2016.

Air NZ and Garuda appealed the decision to the High Court, which last year unanimously dismissed the appeals.

So far the Federal Court has imposed penalties totalling AUD 113.5 million in relation to 14 airlines involved in the air cargo cartel, as follows:

Carrier Date of court order Penalty
Qantas Dec 2008 AUD 20 million
British Airways Dec 2008 AUD 5 million
Air France & KLM Feb 2009 AUD 6 million
Cargolux Feb 2009 AUD 5 million
Martinair Feb 2009 AUD 5 million
Japan Airlines April 2011 AUD 5.5 million
Korean Air Lines Nov 2011 AUD 5.5 million
Malaysian May 2012 AUD 6 million
Emirates Oct 2012 AUD 10 million
Cathay Pacific Dec 2012 AUD 11.25 million
Singapore Dec 2012 AUD 11.75 million
Thai Airways Dec 2012 AUD 7.5 million
Air NZ June 2018 AUD 15 million
  TOTAL AUD 113.5 million

Edited by Peter Needham

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