Virgin Australia Airlines Pty Ltd

On 14 April 2022, the ACCC received an application from Virgin Australia Airlines Pty Ltd on behalf of itself and its related bodies corporate, Virgin Australia International Airlines Pty Ltd and its related bodies corporate (collectively, Virgin Australia) and partner airlines within a specified class of international operating carriers (Partner Carriers) to make and give effect to codeshare agreements which contain pricing provisions that may otherwise trigger the prohibition against resale price maintenance.

Specifically, Virgin Australia sought authorisation for instances in which the Partner Carriers will specify the fares at which Virgin Australia may market and resupply those services to consumers in Australia:

• under Virgin Australia’s own, independently set fare families and fare conditions;
• under Virgin Australia’s code (VA);
• via Virgin Australia’s own channels; and
• whether these are sold as standalone itinerary or part of an itinerary that includes segments operated by Virgin Australia.

Virgin Australia sought authorisation for 5 years.

On 8 July 2022, the ACCC issued a draft determination proposing to grant authorisation for 5 years for Virgin Australia to make and give effect to codeshare agreements with Partner Carriers. The ACCC also revoked the previous interim authorisation (dated 12 May 2022) and granted a new interim authorisation to enable Virgin Australia to engage in the proposed conduct with Qatar Airways and Singapore Airlines in addition to United Airlines (which was allowed under the previous interim authorisation).

On 8 September 2022, the ACCC issued a final determination granting authorisation for 5 years.

The ACCC’s final determination, draft determination and interim authorisation decision and a copy of the application for authorisation are available below.