SINGAPORE: Singapore Airlines Cargo loses Oz appeal

Australia’s Court unanimously dismissed an appeal by Singapore Airlines which sought to challenge the validity of compulsory investigation notices issued by the Australian Competition and Consumer Commission. The notices required Singapore Airlines Cargo to produce documents and information as part of the ACCC’s ongoing investigation into alleged international air cargo cartel activity. The primary challenge […]


Australia’s Court unanimously dismissed an appeal by Singapore Airlines which sought to challenge the validity of compulsory investigation notices issued by the Australian Competition and Consumer Commission.

The notices required Singapore Airlines Cargo to produce documents and information as part of the ACCC’s ongoing investigation into alleged international air cargo cartel activity.

The primary challenge to the notices was whether routes between two points wholly outside Australia could be within a “market in Australia”. The Full Federal Court rejected that challenge and noted that “prices fixed for legs of a journey which take place wholly outside Australia may ultimately affect competition in a market in Australia”.

Proceedings were also commenced earlier this year against Cathay Pacific Airways, Emirates, Garuda Indonesia and most recently Thai Airways International. To date, proceedings have been concluded against six carriers, including Qantas, British Airways and Martinair, with the Federal Court imposing penalties totalling $41 million.