Taprobane Tours (WA) Pty Ltd v Singapore Airlines Limited

Taprobane Tours (WA) Pty Ltd, the applicant, sought special leave to appeal from a decision of the Full Court of the High Court of Australia concerning alleged contraventions of section 46 of the Trade Practices Act 1974 (Cth). The dispute involved Singapore Airlines Limited, the respondent, and the applicant's contention that the Full Court had erred in its interpretation of market definition and market power in relation to section 46.

The central legal issue before the High Court was whether the Full Court had correctly determined whether Singapore Airlines possessed a substantial degree of power in a relevant market for the purposes of section 46. This involved clarifying the relationship between market definition and the assessment of market power, particularly in circumstances where the applicant argued the existence of a "sub-market" or a segment within a broader market. The applicant submitted that the trial judge's approach was correct and that the Full Court's decision introduced confusion regarding the concept of sub-markets.

The applicant argued that section 46 prohibits a corporation with substantial market power from taking advantage of that power for anti-competitive purposes. The applicant's submission focused on the idea that the existence of a discrete market or a segment within a larger market was not determinative of whether a corporation held substantial market power. The applicant contended that the critical factor was the substitutability and competitiveness of goods and services, as defined by section 4E of the Act, and that the Full Court had misapplied these principles, leading to an incorrect assessment of market power.