Virgin Blue Airlines Pty Limited [2005] ACompT 5

AUSTRALIAN COMPETITION TRIBUNAL Virgin Blue Airlines Pty Limited [2005] ACompT 5 TRADE PRACTICES – application pursuant to s 44K(2) of the Trade Practices Act 1974 (Cth) – application for review of a decision made by the Parliamentary Secretary to the Commonwealth Treasurer not to declare a service described as the "Airside Service" – Airside Service provided at Sydney (Kingsford‑Smith) International Airport – whether criteria in s 44H(4) of the Trade Practices Act 1974 (Cth) satisfied – meaning of "increased access" – whether increased access to the Airside Service would promote competition in the market for the carriage of domestic air passengers into and out of Sydney for the purposes of s 44H(4)(a) of the Trade Practices Act 1974 (Cth) – whether increased access to the Airside Service would not be contrary to the public interest for the purposes of s 44H(4)(f) of the Trade Practices Act 1974 (Cth). Airports Act 1996 (Cth): ss 71, 192 Civil Aviation Legislation Amendment Act 2003 (Cth) Competition Policy Reform Act 1995 (Cth) Federal Airports Corporation Act 1986 (Cth) National Third Party Access Code for Natural Gas Pipeline Systems: s 1.9(a) Prices Surveillance Act 1983 (Cth): ss 21, 22(2)(a), 27A Trade Practices Act 1974 (Cth): Pt IIIA, Div 2, Div 3, ss 44B, 44F, 44G, 44H, 44I, 44K, 44S, 44U, 44V, 44X, 44Y, 44ZF Productivity Commission Inquiry Report, Price Regulation of Airport Services, January 2002 Freight Victoria Limited (2002) ATPR ¶41‑884, considered Rail Access Corporation v New South Wales Minerals Council Ltd (1998) 87 FCR 517, considered Re Duke Eastern Gas Pipeline Pty Ltd (2001) 162 FLR 1, followed Re Queensland Co‑operative Milling Association Ltd and Defiance Holdings Ltd (1976) 8 ALR 481, considered Re Review of Declaration of Freight Handling Services at Sydney International Airport (2000) ATPR ¶41‑754, considered