Managing the Legal Environment, Summer 2015
Case Study FOUR: Airlines and Strategy for Change
Introduction:
Between 2010 and 14, various competition watchdogs around the western world were investigating, and ultimately taking action against, some high profile airlines over alleged price fixing for freight services under cartel arrangements dating back to 1996 and with the advent of fuel levies by 17 different airline companies (see links (below) and other information for further information and outcomes of the cases).
http://www.smh.com.au/business/aviation/accc–fights-back-over-air-new-zealand-garuda-cartel-decision-20141216-128sbu.html
https://www.accc.gov.au/media-release/cathay-pacific-and-singapore-airlines-to-pay-23-million-in-penalties-for-price-fixing
https://www.accc.gov.au/media-release/emirates-ordered-to-pay-10-million-for-price-fixing
http://www.freightcostsolutions.com.au/price-fixing-how-prevalent-is-it-really/
http://www.theaustralian.com.au/news/nation/qantas-one-of-11-airlines-fined-11-billion-for-colluding-on-cargo-pricing/story-e6frg6nf-1225950672317
http://www.aircargonews.net/news/single-view/news/airlines-respond-to-price-fixing-charges.html
http://www.aircargonews.net/news/single-view/news/us-charges-japanese-airlines-execs-with-price-fixing.html
The series of investigations and actions raise questions about the following:
Questions:
• In general terms, what were the airlines accused of doing and why?
• Why are these accusations so important both to the airlines (and other companies in terms of their forward planning for risk management) and for the enforcement agencies involved?
• What difficulties are there for such agencies in attempting to take enforcement action against such companies?
• What does this example suggest as to the role of, and limitations to, national law and institutions in managing and regulating behaviour in a global economy?

1. Research portfolio

This portfolio, built up over the course (until week 9) is your opportunity to show me, and prove to yourselves, how you have expanded your knowledge and understanding of issues and strategies around legal risk management. You can submit this in either a printed or electronic format. As a minimum it should include:
• Information on the research/referencing workshop (what you found, problems you might have had finding material and a bibliography of the references you have collected in your refworks account).
• Your reflections and comments on your case study and the research you conducted outside what was provided as part of the case study itself.
• Your analysis and conclusions on the other case studies.
• Your reflections on what you have found and read/analysed on legal risk, rules and management.
• Your annotated bibliography for the major assignment (see below for details).

Note that a structured annotated bibliography should use the following headings:
(a) Relevant textbooks
List at least three textbooks are useful. Write down which chapters/pages appear relevant, where the text can be/was obtained, and BRIEFLY why the text will be useful. You can also include texts that appeared to look useful (eg via their title) but which you have found are not – eg out of date?
(b) Relevant academic journal articles
List at least two journal articles, with at least one being refereed (peer-reviewed). These may include articles from journals found on electronic databases as well as paper journals.
In relation to each article, briefly comment on how it might be or is relevant to your selected issue and organisation.
If this is not explicit from the reference style, indicate where each journal article is available (ie. database name or library at which the journal is held).
(c) Other materials
You may find useful discussion papers, submissions made by industry bodies, reports, notes by individuals etc. from the internet or elsewhere. PLEASE use the correct style for these: See the University’s General Guide for the Presentation of Academic Work for assistance.
For each reference, please comment briefly on where and how you found it, why it is relevant and how authoritative it is.
(d) Cases and Legislation
List any cases that appear useful, where you found them and why they may be useful. You are NOT expected to spend a large amount of time searching for case judgments eg via the Austlii database or to read long cases, although the CCH online library cases do have a summary headnote at the beginning you could use. As much as possible, though, you should find cases from secondary sources (eg texts, journals).
List legislation that you have found to be relevant.
(e) Comment on whether you think you have sufficient resources, and/or what type of resources you think you will need to find to write your essay and where you will look to find them!

Managing the Legal Environment, Summer 2015
Case Study FOUR: Airlines and Strategy for Change
Introduction:
Between 2010 and 14, various competition watchdogs around the western world were investigating, and ultimately taking action against, some high profile airlines over alleged price fixing for freight services under cartel arrangements dating back to 1996 and with the advent of fuel levies by 17 different airline companies (see links (below) and other information for further information and outcomes of the cases).
http://www.smh.com.au/business/aviation/accc–fights-back-over-air-new-zealand-garuda-cartel-decision-20141216-128sbu.html
https://www.accc.gov.au/media-release/cathay-pacific-and-singapore-airlines-to-pay-23-million-in-penalties-for-price-fixing
https://www.accc.gov.au/media-release/emirates-ordered-to-pay-10-million-for-price-fixing
http://www.freightcostsolutions.com.au/price-fixing-how-prevalent-is-it-really/
http://www.theaustralian.com.au/news/nation/qantas-one-of-11-airlines-fined-11-billion-for-colluding-on-cargo-pricing/story-e6frg6nf-1225950672317
http://www.aircargonews.net/news/single-view/news/airlines-respond-to-price-fixing-charges.html
http://www.aircargonews.net/news/single-view/news/us-charges-japanese-airlines-execs-with-price-fixing.html
The series of investigations and actions raise questions about the following:
Questions:
• In general terms, what were the airlines accused of doing and why?
• Why are these accusations so important both to the airlines (and other companies in terms of their forward planning for risk management) and for the enforcement agencies involved?
• What difficulties are there for such agencies in attempting to take enforcement action against such companies?
• What does this example suggest as to the role of, and limitations to, national law and institutions in managing and regulating behaviour in a global economy?

1. Research portfolio

This portfolio, built up over the course (until week 9) is your opportunity to show me, and prove to yourselves, how you have expanded your knowledge and understanding of issues and strategies around legal risk management. You can submit this in either a printed or electronic format. As a minimum it should include:
• Information on the research/referencing workshop (what you found, problems you might have had finding material and a bibliography of the references you have collected in your refworks account).
• Your reflections and comments on your case study and the research you conducted outside what was provided as part of the case study itself.
• Your analysis and conclusions on the other case studies.
• Your reflections on what you have found and read/analysed on legal risk, rules and management.
• Your annotated bibliography for the major assignment (see below for details).

Note that a structured annotated bibliography should use the following headings:
(a) Relevant textbooks
List at least three textbooks are useful. Write down which chapters/pages appear relevant, where the text can be/was obtained, and BRIEFLY why the text will be useful. You can also include texts that appeared to look useful (eg via their title) but which you have found are not – eg out of date?
(b) Relevant academic journal articles
List at least two journal articles, with at least one being refereed (peer-reviewed). These may include articles from journals found on electronic databases as well as paper journals.
In relation to each article, briefly comment on how it might be or is relevant to your selected issue and organisation.
If this is not explicit from the reference style, indicate where each journal article is available (ie. database name or library at which the journal is held).
(c) Other materials
You may find useful discussion papers, submissions made by industry bodies, reports, notes by individuals etc. from the internet or elsewhere. PLEASE use the correct style for these: See the University’s General Guide for the Presentation of Academic Work for assistance.
For each reference, please comment briefly on where and how you found it, why it is relevant and how authoritative it is.
(d) Cases and Legislation
List any cases that appear useful, where you found them and why they may be useful. You are NOT expected to spend a large amount of time searching for case judgments eg via the Austlii database or to read long cases, although the CCH online library cases do have a summary headnote at the beginning you could use. As much as possible, though, you should find cases from secondary sources (eg texts, journals).
List legislation that you have found to be relevant.
(e) Comment on whether you think you have sufficient resources, and/or what type of resources you think you will need to find to write your essay and where you will look to find them!