Qantas Airways Limited (No 2) [2006] ACompT 1

AUSTRALIAN COMPETITION TRIBUNAL Qantas Airways Limited (No 2) [2006] ACompT 1

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 1 FEBRUARY 2006 SYDNEY

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: 1 FEBRUARY 2006

WHERE MADE: SYDNEY

THE TRIBUNAL DETERMINES THAT: 1. The determination of the Tribunal dated 12 October 2004 is varied in the following manner. 2. The Tribunal fixes 12 October 2005 as the date on which the period of the authorisations granted on 12 October 2004 shall commence. 3. The authorisations referred to in paragraphs 2 and 4 of the determination made on 12 October 2004 shall be in force for a period of five years commencing on 12 October 2005.