International Air Transport Assoc & Alitalia Linea Aerea Italiana SPA [1985] ATPT 1

International Air Transport Assoc & Alitalia Linea Aerea Italiana SPA [1985] ATPT 1

The Tribunal possesses the power under the Trade Practices Act to grant interim authorization pending review. Interim authorization should be granted where uncertainty and potential for damaging consequences exist, subject matter may be effectively destroyed absent authorization, and where the parties are not...

Source-derived case information.

Parties
Applicant: International Air Transport Association (IATA); Applicant: Alitalia Linea Aerea Italiana S.P.A.; Respondent: Trade Practices Commission; Intervener: Australian Federation of Travel Agents Limited; Intervener: Australian Federation of Consumer Organisations; Intervener: Australian Consumers Association; Intervener: Qantas Airways Limited
Jurisdiction
Australia
Judgment Date
14 March 1985
Procedural Posture
Review of Decision (authorization) / Interim Authorization Application
Outcome
interim authorization granted
Legal Topics
Interim Authorization, Air Tariffs, International Air Transport, Bilateral Aviation Treaties
Competition Law Trade Practices Aviation Law Interim Authorization Air Tariffs International Air Transport Bilateral Aviation Treaties

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Summary, issues, holding and outcome

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Parties

International Air Transport Association (IATA)

Applicant

Alitalia Linea Aerea Italiana S.P.A.

Applicant

Trade Practices Commission

Respondent

Australian Federation of Travel Agents Limited

Intervener

Australian Federation of Consumer Organisations

Intervener

Australian Consumers Association

Intervener

Qantas Airways Limited

Intervener

Procedural Posture

Review of Decision (authorization) / Interim Authorization Application

Legal Issues

  1. 1 Whether the Tribunal has power to grant interim authorization pending review of Commission determination
  2. 2 Principles governing grant of interim authorization
  3. 3 Effect of interim authorization on Commission's determination

Ratio Decidendi

The Tribunal possesses the power under the Trade Practices Act to grant interim authorization pending review. Interim authorization should be granted where uncertainty and potential for damaging consequences exist, subject matter may be effectively destroyed absent authorization, and where the parties are not prejudiced by delays. The public interest and complexity of issues must await final hearing.

Court Disposition

interim authorization granted

Orders

  • The Tribunal grants interim authorization, pending the making of a determination by it on its review of the determination by the Trade Practices Commission dated 31 October 1984 or further order, to the rules, regulations, agreements, resolutions and arrangements of IATA excepted from the Commission's final...