Our November Casenote Australian air freight cartel case crashes – Why did the New Zealand and Australian courts differ? examines how the Australian Federal Court in November 2014 came to the diametrically opposite conclusion to the 2011 New Zealand decision by rejecting the claim that the supply of inbound air freight was a market in Australia. Perram J dismissed the experts’ views which persuaded the New Zealand court that it was “in part” in New Zealand as mere theory and based on a “complete absence of any evidence”. Our Casenote shows that the Australian judge was right to reject the arguments put forward by the ACCC, and that analysis of the data shows that importers were unlikely to have influenced the market for air freight in Hong Kong, Singapore and Jakarta as claimed.
Cento Veljanovski was an expert for the airlines in the New Zealand case, and advised Air New Zealand in the Australian case.