The historical circumstances that underpinned the predominance of agents have long since passed, such that the relationship is susceptible to the claim that it no longer amounts to ‘genuine’ agency. This proposition represents a tilt in the traditional philosophy of the commercial relationship between travel agents and airlines: that as ‘agents’ the entities could not compete, and are thereby excluded from the operation of competition laws. This article considers the influences underpinning this change, analyses the High Court of Australia’s decision in Australian Competition and Consumer Commission v. Flight Centre, and provides a contemporary understanding of agency in the online world.
Air and Space Law