Friday, September 04, 2009

ACCC begins proceedings against PT Garuda Indonesia Ltd for suspected price fixing of air freight

The Australian Competition and Consumer Commission (ACCC) have established actions in the Federal Court against PT Garuda Indonesia Ltd.

PT Garuda is the subject of ACCC proceedings for alleged price fixing in the air cargo industry.


The ACCC alleged that between 2001 and 2006, PT Garuda Indonesia Ltd entered into an agreement with other international air cargo carriers that had the intentions of fixing the price of a fuel surcharge and a security surcharge that were applied to air cargo carried by PT Garuda Indonesia Ltd and other airlines. The ACCC alleges that the agreements were reached in Indonesia and Hong Kong.

The ACCC is seeking statements, injunctive relief, financial penalties, and expenses.

A directions hearing has been set down for October 22 before Justice Jacobson in the Federal Court, Sydney.

Thus the ACCC's continual inquiry into suspected fuel surcharge price fixing in the industry, to date the court has ordered a total of $41 million in penalties alongside the opposing airlines:

On December 11 2008, the court ordered Qantas Airways Limited and British Airways PLC to pay fines of $20 million and $5 million respectively.

On February 16 2009 the court ordered  Cargolux International Airlines SA, Société Air France, Martinair Holland NV and Koninklijke Luchtvaart Maatschappij NV to pay penalties of $5 million, $3 million, $5 million and $3 million respectively, as jointly submitted by the parties.

Furthermore, the ACCC established dealings in the Federal Court:

On December 23 2008 against Singapore Airlines Cargo Pte Ltd

On April 30 2009 against Cathay Pacific Airways Ltd

On August 18 2009 against Emirates.

Proceedings against  Cathay Pacific Airways Ltd, Singapore Airlines Cargo Pte Ltd and Emirates carry on today.

The ACCC continues to examine other airlines with the support of cooperating parties, and further measures are expected during the next few months.

Reference: www.findlaw.com.au/

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