Qantas Airways Limited [2003] ACompT 4

AUSTRALIAN COMPETITION TRIBUNAL Qantas Airways Limited [2003] ACompT 4 PRACTICE AND PROCEDURE – Trade Practices – application for leave to intervene pursuant to s 109(2) of the Trade Practices Act 1974 (Cth) – test to be applied in determining whether the parties applying to intervene have an interest warranting intervention – whether any intervention should be subject to conditions. Trade Practices Act 1974 (Cth): s 109(2)

Re Alliance Agreement – Application by PK Wakeman (1999) ATPR 41‑675, referred to Telstra Corporation Ltd (2001) ATPR 41‑812, referred to File No 5 of 2003 RE: APPLICATION FOR REVIEW OF THE DETERMINATION OF THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION MADE ON 9 SEPTEMBER 2003 DENYING AUTHORISATION IN RELATION TO APPLICATIONS A30220, A30221, A30222, A90862 AND A90863 (PROPOSED ACQUISITION BY QANTAS OF ORDINARY SHARES IN AIR NEW ZEALAND AND COOPERATIVE ARRANGEMENTS BETWEEN QANTAS, AIR NEW ZEALAND AND AIR PACIFIC)

BY: QANTASAIRWAYSLIMITED(ABN16009661901) and AIR NEW ZEALAND LIMITED (ABN 70 000 312 685)

Applicants

GOLDBERG J (President), MR G F LATTA and PROFESSOR D K ROUND 23 DECEMBER 2003 MELBOURNE

IN THE AUSTRALIAN COMPETITION TRIBUNAL No 5 of 2003

RE: APPLICATION FOR REVIEW OF THE DETERMINATION OF THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION MADE ON 9 SEPTEMBER 2003 DENYING AUTHORISATION IN RELATION TO APPLICATIONS A30220, A30221, A30222, A90862 AND A90863 (PROPOSED ACQUISITION BY QANTAS OF ORDINARY SHARES IN AIR NEW ZEALAND AND COOPERATIVE ARRANGEMENTS BETWEEN QANTAS, AIR NEW ZEALAND AND AIR PACIFIC)

BY: QANTASAIRWAYSLIMITED(ABN16009661901) and AIR NEW ZEALAND LIMITED (ABN 70 000 312 685)

Applicants THE TRIBUNAL: GOLDBERG J (President)

MR G F LATTA

PROFESSOR D K ROUND DATE OF ORDER: 23 DECEMBER 2003