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Clarity from the High Court on what is a “market in Australia”

Air New Zealand v ACCC; PT Garuda Indonesia Ltd v ACCC [2017] HCA 21

For international supply contracts, identifying the relevant market can be challenging. The High Court provides some guidance.

The key issue in this case was whether the rivalrous behaviour occurred in Australia, or whether or not it also occurred elsewhere.

At the heart of the appeal, was the phrase ‘market in Australia’ and its impact on the definition of ‘market’ when used in s 4E of the Trade Practices Act 1974 (Cth). […]

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