Australia’s federal court has dismissed a case against Singapore Airlines Cargo brought by the Australian Competition and Consumer Commission (ACCC). The ACCC has alleged that SIA Cargo was involved in illegal price-fixing over the carriage of air cargo, an investigation that is simultaneously being carried out by competition authorities around the globe, primarily in the US and Europe.
Federal Court judge Peter Jacobson ruled that the ACCC had failed to properly specify material facts to support various allegations. He struck out the claim but gave the regulator leave to refile an amended statement of claim and launch a new prosecution within 28 days.
SIA Cargo is alleged by the regulator that between 2001 and 2005, it entered into arrangements or understandings with other international air cargo carriers that had the purpose or effect of fixing the price of fuel and security surcharges that applied to air cargo.
Qantas and British Airways, which pleaded guilty to their involvement, were fined respective sums of A$20 million and A$5 million. Both carriers were also punished by US authorities and fined substantially larger amounts. As well as the Singapore Airlines case, the ACCC is investigating Hong Kong-based carrier Cathay Pacific over the same matter. “The ACCC continues to investigate other airlines, some of which are assisting voluntarily, while others are not,†the regulator said in statement.