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Air New Zealand win

Robert Yezerski recently acted as part of the team that successfully defended Air New Zealand in proceedings brought by the Australian Competition and Consumer Commission (ACCC). The ACCC alleged that Air New Zealand and other airlines had colluded to fix prices on certain surcharges affecting cargo shipments by air from Hong Kong and Singapore in the period 2002 to 2006. The trial ran for six months between 2012 and 2013.

On 31 October 2014, Perram J found that the conduct complained of did not occur in a 'market in Australia', and hence fell outside the scope of the Trade Practices Act 1974 (Cth) as it then was. On that basis, the proceedings against Air New Zealand were dismissed.

The Court's reasons can be found here: