http://www.austlii.edu.au/au/cases/cth/FCA/2013/1313.html
TRADE PRACTICES – anti-competitive arrangements – whether the respondent travel agent attempted to induce specified Airlines to make collusive arrangements lessening or likely to lessen competition in the market – application of s 45 and s 45A of the Trade Practices Act 1974 (Cth), now the Competition and Consumer Act 2010 (Cth) – six alleged contraventions – consideration of the relevant “market” in intermediary services provided by travel agents – whether respondent and airlines truly in competition – consideration of the relevant service being supplied – Castlemaine Tooheys Ltd v Williams and Hodgson Transport Pty Ltd [1986] HCA 72; (1986) 162 CLR 395 distinguished
Held: six charges proved – respondent and specified airlines competed for the retail or distributive margin attaching to the sale of an airline ticket – respondent sought to have access to the airfares offered by airlines, and, it sought to prevent the specified airlines from undercutting it with respect to such airfares, amounting to an attempt to induce anti-competitive arrangement or understanding