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Australian Competition Law - Update for the aviation industry

Competition law is a regulatory risk which airlines operating in Australia need to manage. The legal changes identified in our update present both opportunities and risks. DLA Piper has significant experience in the...more

Competition & Regulation Update: Open Season on Access – Implications of Declaration of the Port of Newcastle

On 31 May 2016, the Australian Competition Tribunal granted Glencore’s appeal and declared a service involving the use of the shipping channel at the Port of Newcastle. The Tribunal’s reasons radically alter the application...more

Australian competition law - Update for the aviation industry

High Court to hear ACCC appeal of Flight Centre decision regarding carrier agent discussions On 11 March 2016, the High Court granted special leave to the ACCC to appeal the decision of the Full Federal Court in the Flight...more

CMA encourages increased competition in Britain’s rail sector

On 8 March 2016, the Competition and Markets Authority (“CMA”) published a policy document recommending that the government overhaul the currently franchised rail system. 99% of Britain’s trains presently run under...more

EU Court Affirms Independence of EU and National Leniency Programs

On January 20, 2016, the Court of Justice of the European Union issued a judgment reaffirming the independence of the cartel immunity and leniency regimes of the EU and member states. The ruling reasserts the obligation of...more

EU and National Leniency Applications Independent Rules ECJ

On the 20 January 2016, the European Court of Justice (ECJ) handed down its ruling on a preliminary reference made by the Italian Council of State on the relationship between EU and national member state leniency applications...more

Exclusionary rail transport contracts derailed by regulator

On the 18 December 2015, the UK Office of Rail and Road (“ORR”) formally accepted commitments from one of the UK’s leading providers of Deep Sea Container (“DSC”) rail transport services, which reportedly “fully address its...more

Competition and Market Regulation Update: A Win for Unregulated Infrastructure Providers - Government Response to Harper and PC...

Last week the Government released its response to the Harper Competition Policy Review. Whilst much of the media focus has been on this response the Government also released at the same time its response to the Productivity...more

Australian Competition Law Update for the Aviation Industry

Competition law is a regulatory risk which airlines operating in Australia need to manage. The legal changes identified below present both opportunities and risks.... The below table summarises key competition cases and...more

DOJ Files Lawsuit to Prevent United Airlines from Extracting a Higher Premium at Newark Airport

United Airlines has come under increased antitrust scrutiny during the latter half of 2015. As we previously reported the U.S. Department of Justice (“DOJ”) is investigating an alleged passenger-capacity conspiracy between...more

EU Control List Update

The European Commission is revising the list of dual use items subject to EU export, transit and brokering controls. This briefing summarises the main new and deleted entries, primarily concerning machine tools, avionics...more

Court of Appeal Sets Aside Order for Disclosure of Unredacted Commission Decision and Orders Strike Out of Economic Tort-Based...

On 14 October 2015 the Court of Appeal (CoA) handed down its judgment on appeals against orders made by Peter Smith J arising out of an alleged cartel for airfreight services. First, the CoA said the High Court was not...more

“Airline Collusion” Private Class Actions

Last week, we discussed public reports of an investigation by the DOJ of four major airlines (American, Delta, Southwest, and United) regarding possible collusion. Over the past two months, a number of consumers have filed...more

The DOJ’s Airline Investigation: A Primer

Last month, the Associated Press was the first to report that the DOJ is investigating whether American Airlines, Delta Air Lines, Southwest Airlines, and United Airlines have engaged in collusion. Since that time, there has...more

Australian Competition Law Update for the Aviation Industry - August 2015

Airlines operating in Australia currently face an unprecedented degree of legal and regulatory change. This shifting landscape presents both opportunities and risks. DLA Piper has significant experience in the aviation...more

Learning from a competitive aviation industry

There were many important take-aways for employers in the aviation industry from the CAPA Asia-Pacific Aviation Summit that we recently attended. A couple are worth highlighting, as they also apply more broadly to Australian...more

The Competition and Markets Authority's consultation on "Competition in passenger rail services in Great Britain" - On 17 July...

On 17 July 2015, the Competition and Markets Authority (CMA) published its consultation document regarding competition in passenger rail services in Great Britain. This followed its announcement in January that it intended to...more

Competition & Regulation Update: Harper Review - Key Recommendations For Port And Rail Infrastructure Operators/Users

The long-awaited Harper Panel's Final Report on Australian competition law and policy has been released. In this update, we highlight the key recommendations of the panel relevant to port and rail infrastructure operators and...more

Australian Competition Law: Update for the Aviation Industry

Airlines operating in Australia currently face an unprecedented degree of legal and regulatory change. This shifting landscape presents both opportunities and risks. Harper Review creates opportunity for structural...more

Increasing Antitrust Risk in Non-Reportable Transactions – DOJ Obtains Disgorgement of Profits in Tour Bus Settlement

The U.S. Department of Justice (DOJ) recently reached a settlement with Coach USA Inc. and City Sights LLC, breaking up their joint venture. The DOJ also employed the rarely used remedy of disgorgement to recover $7.5...more

Shipping Executive Pleads Guilty to Ocean-Shipping Price Fixing Conspiracy

On Tuesday, March 10, 2015, an employee of the Japan-based Nippon Yusen Kabushiki Kaisha (NYK) pleaded guilty to a violation of the Sherman Act for conspiring to fix prices and rig bids for international ocean shipping from...more

Australian Competition Law Update For The Aviation Industry

Airlines operating in Australia currently face an unprecedented degree of legal and regulatory change. This shifting landscape presents both opportunities and risks. The below table summaries key competition cases in the...more

Foreign Airlines Move to Dismiss Rate-Fixing Litigation

Last Friday, foreign cargo carriers filed motions to dismiss an air freight price-fixing suit brought by Schenker AG, the logistics division of Germany’s national railway company, Deutsche Bahn, in the Eastern District of New...more

Four Takeaways from the Ongoing Air Cargo Price-Fixing Litigation

Nippon Cargo Airlines Co. Ltd last week agreed to pay $36.55 million to settle claims that it conspired with other airlines to fix rates for air cargo services in the early 2000s. Two dozen airlines have settled in the...more

Japanese Shipping Company Rolls Over, Pleads Guilty to Price Fixing

On September 26, 2014 Japanese transportation company Kawasaki Kisen Kaisha Ltd. (K-Line) agreed to plead guilty to price fixing, bid rigging and allocating customers for international ocean shipping services for “roll-on,...more

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