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Agent competing with principal in the context of competition law

December 16, 2016

Michael Hodge, a member of Hemmant’s List, appeared for the ACCC in its successful appeal in the High Court against Flight Centre. A critical issue in the case was whether Flight Centre, as an agent, was in competition with three airlines that were its principals. By a 4-1 majority, the High Court concluded that Flight Centre and the airlines were in competition and Flight Centre had attempted to induce a contravention of s45(2)(a)(ii) of the TPA.

See the decision here: http://www.austlii.edu.au/au/cases/cth/HCA/2016/49.html

 

Michael Hodge

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