Qantas Airways Limited [2004] ACompT 3

AUSTRALIAN COMPETITION TRIBUNAL Qantas Airways Limited [2004] ACompT 3 PRACTICE AND PROCEDURE – proper place to hear application for review of Australian Competition and Consumer Commission determination - where application filed in Sydney – most parties and legal representatives in Sydney – most lay witnesses in Sydney.

National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 considered 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 5 APRIL 2004 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: JUSTICE GOLDBERG (President)

MR G F LATTA

PROFESSOR D K ROUND DATE OF ORDER: 5 APRIL 2004

WHERE MADE: MELBOURNE

THE TRIBUNAL ORDERS THAT: 1. The hearing of opening submissions and evidence and the cross‑examination of lay and expert witnesses in this proceeding is to take place at the Law Courts Building, Queens Square, Sydney. 2. The Tribunal reserves its position in relation to the venue for the hearing of final submissions.