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Regular Features ∵ Cases before Australian Courts and Tribunals concerning Questions of Public International Law 2019 Mary Crock,* Rowan Nicholson,** Kailin Chen, Seric Han, Marcus Lee , Francis Manuel, John McCrorie, Edward Wu and Gordon Yen 1 Act of State Doctrine1 Public International Law —Act of State Doctrine —Whether Commercial Acts of Respondent Airline had Sovereign Aspect to Them Public International Law —Where Respondent Submitted Injunctions and Pecuniary Penalties Would be Contrary to Customary International Law —Where Respondent Argued Customary International Law Relevant to Court’s Discretion and Power to Grant Remedies —Where Respondent Argued Relevance of Principles of ‘Accommodation, Mutuality and Proportionality’ Australian Competition and Consumer Commission v PT Garuda Indonesia Ltd (2019) 370 ALR 6 37 Federal Court of Australia Perram J 1.1 Background and Litigation History In 2008 and 2009, the Australian Competition and Consumer Commission (‘the Commission’) commenced proceedings against 15 international airlines including PT Garuda Indonesia Ltd (‘Garuda’), for price fixing in the supply of cargo services. At trial, Garuda was found to have reached and implemented a * Professor of Public Law at The University of Sydney Law School and Co-Director of the Sydney Centre for International Law (‘SCIL ’). ** Lecturer at The
The Australian Year Book of International Law Online – Brill
Published: Dec 12, 2020
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