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Airlines which agreed to pay out to Australia’s competition commission after being accused of operating a cartel over fuel surcharges may be regretting it. A Federal Court of Australia decision has found that Australia had failed to prove that airlines broke the law in the domestic market, instead colluding at the point of origin. The case was heard after Air New Zealand and Garuda refused to settle with the competition commission. The decision could have implications for future cross-border cartel cases, according to this article – but airlines which have already paid will have no way to claw back the A$98m of fines already meted out.

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