Korean Air Lines v Australian Competition and Consumer Commission (No 3) [2008] FCA 701 (15 May 2008)

[2008] FCA 701


ADMINISTRATIVE LAW – ACCC investigation into price-fixing by air cargo cartel – applicant rejected the ACCC’s settlement offer – the ACCC issued a Notice under s 155 of the Trade Practices Act 1974 (Cth) – applicant claimed Notice issued for improper purpose – evidence of without prejudice discussions inadmissible – ACCC had not made decision to commence proceedings against applicant if settlement offer were rejected – s 155 is a power conferred for an administrative purpose – whether a notice under s 155 is issued for an improper purpose is to be determined in all the circumstances

Evidence Act 1995 (Cth) s 131