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PT Garuda Indonesia Ltd and Another v. Australian Competition and Consumer Commission
Published online by Cambridge University Press: 01 January 2021
Abstract
State immunity — Separate entities — Agency or instrumentality of government — Foreign States Immunities Act 1985 (Cth) — Whether Garuda Indonesia, Malaysian Airlines and Malaysian Airlines Cargo “separate entities” within meaning of Foreign States Immunities Act 1985 (Cth) — Jurisdictional immunity — Commercial acts — Alleged airline cartel — Whether proceedings for alleged breach of Trade Practices Act 1974 (Cth) within “commercial exception” in Foreign States Immunities Act 1985 (Cth) — The law of Australia
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