As previously noted (see here), on 28 March 2014, the Federal Court made declarations and ordered that Flight Centre pay a $11 million penalty imposed for repeatedly attempting to enter into anti-competitive arrangements with three international airlines to eliminate differences in the international air fares offered to customers. 

Flight Centre has lodged an appeal against the judgment, and the ACCC has lodged a cross-appeal in relation to a penalty judgment.

The ACCC cross-appeal contends that four of the penalties by the Court imposed failed to impose adequate deterrence, when considered in light of the Court’s findings about the nature of the conduct and the size and financial strength of Flight Centre.