Antitrust Alert: Australia Court Broadens "Market" Definition In Australia

Companies doing business with Australia are cautioned that the reach of the Australian competition law has grown considerably in recent years, particularly in relation to price fixing cartels. In a split decision, the Full Federal Court has upheld an appeal brought by the Australian Competition Commission (ACCC), finding that Air New Zealand and Garuda engaged in price fixing conduct within a "market in Australia" even though the market was also in another country.

This latest decision is evidence of the ACCC's continuing aggressive enforcement of the law in a global context. This decision highlights that companies should consider very carefully whether their conduct might fall within the jurisdiction of the ACCC and that a detailed examination of the dimension of the relevant markets is necessary to undertake such an assessment. Market definition is a key element in many of the Australia's competition laws and an incorrect analysis may fail to inform a business of