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

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

Because twelve months had passed since the 12 October 2004 determination, the agreements had not been implemented, no notification of implementation had been received, all relevant parties consented to the variation, and a commencement date of 12 October 2005 was not earlier than the original determination date, the Tribunal varied the determination to fix 12 October 2005 as the commencement date for the five-year authorisations.

Jurisdiction
Australia
Judgment Date
01 February 2006
Procedural Posture
Application for Review of the Determination of the Australian Competition and Consumer Commission Denying Authorisation / Variation of Tribunal Determination Fixing Commencement Period for Authorisations
Outcome
The Tribunal varied its determination dated 12 October 2004 and fixed 12 October 2005 as the commencement date for the authorisations, which are to be in force for five years from that date.
Legal Topics
['authorisation' 'variation of Determination' 'airline Strategic Alliance' 'acquisition of Shares' 'trade Practices Act 1974 (cth)']
['competition Law' 'administrative Review'] ['authorisation' 'variation of Determination' 'airline Strategic Alliance' 'acquisition of Shares' 'trade Practices Act 1974 (cth)']

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Procedural Posture

Application for Review of the Determination of the Australian Competition and Consumer Commission Denying Authorisation / Variation of Tribunal Determination Fixing Commencement Period for Authorisations

Legal Issues

  1. 1 ['Whether the Tribunal should vary its 12 October 2004 determination to fix a specific commencement date for the period of authorisations after the Strategic Alliance Agreement and Cooperation Agreement had not been given effect to within twelve months.' 'Whether the commencement date for the authorisations complied with s 91(1A) of the Trade Practices Act 1974 (Cth).']

Ratio Decidendi

Because twelve months had passed since the 12 October 2004 determination, the agreements had not been implemented, no notification of implementation had been received, all relevant parties consented to the variation, and a commencement date of 12 October 2005 was not earlier than the original determination date, the Tribunal varied the determination to fix 12 October 2005 as the commencement date for the five-year authorisations.

Court Disposition

The Tribunal varied its determination dated 12 October 2004 and fixed 12 October 2005 as the commencement date for the authorisations, which are to be in force for five years from that date.

Orders

  • ['The determination of the Tribunal dated 12 October 2004 is varied in the following manner.' 'The Tribunal fixes 12 October 2005 as the date on which the period of the authorisations granted on 12 October 2004 shall commence.' 'The authorisations referred to in paragraphs 2 and 4 of the determination made on 12...