Re International Air Transport Association & Alitalia Linea Aerea Italiana SPA [1984] ATPT 3

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COMMONWEALTH OF AUSTRALIA

TRADE PRACTICES ACT 1974

IN THE TRADE PRACTICES RE: INTERNATIONAL AIR

TRIBUNAL TRANSPORT ASSOCIATION AND: ALITALIA LINE. AERE® ITALIANY Applicants |

(File Nos. 5 & 6 of 1984)

RE: An application by International Air Transport Association and Alitalia Linee Aeree Italiane S.P.E. for a review of a determination made by the Trade Practices Commission dated 31 October 1984 (Commission file No. A34/85)

TRADE PRACTICES TRIBUNAL

Lockhart J., President, Professor M. Brunt, : Mr. L. Wilson

30 November, 1984

REASONS FOR DECISTON

International Air Transport Association ("IATA") and Alitalia Airlines ("Alitalia") have applied to the Tribunal pursuant to s. 101

of the Trade Practices Act. 1974 ("the Act") for a review of a

determination of the Trade Practices. Commission ("the Commission")

made on 31 October 1984.

2.

The applicants are dissatisfied with the determination of the Commission in certain respects, namely, that the Commission, although avanting authorisation in relation to certain arrangements for which authorisation was sought from it, refused to authorise certain IATA

arrangements which are specified in the schedule to the Commission's

determination.

Although there is some problem at this early stage of the matter in identifying precisely what it is that is the subject of that refusal, it is conveniently summarised in paragraph 171 of the Commission's determination. The two applications for review are, by consent of all interested parties, being heard together by the Tribunal. This is the first occasion on which the matter has come before the Tribunal, being the preliminary conference. Today IATA and Alitalia have sought interim authorisation for the arrangements which the Commission declined to authorise. Those arrangements may be