Description of Conduct

On 17 November 2023, 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 Air New Zealand Limited (Air NZ) lodged an application for authorisation to make and give effect to a Commercial Framework Agreement, Codeshare Agreement, and various related agreements (the Proposed Conduct).

Specifically, the Proposed Conduct relates to the cooperation between Virgin Australia and Air NZ on trans-Tasman services (on routes that Virgin Australia does not operate), including the ability for Virgin Australia to codeshare on Air NZ operated services which contain pricing provisions that may otherwise trigger the prohibition against resale price maintenance. Cooperation on commercial arrangements between Virgin Australia and Air NZ in relation to frequent flyer programs, lounge access, and joint corporate customer offers are conditional upon these codeshare arrangements.

Authorisation is sought for a period of 5 years.

Virgin Australia and Air NZ have also sought interim authorisation by mid-February 2024 to allow the necessary planning, discussions and coordination, as well as forward selling of services.

The ACCC invites the views of interested parties on the request for interim authorisation and/or the substantive application. Submissions are requested by 18 December 2023. If you wish to make a submission, please lodge it via this web form.

An indicative timeline for the ACCC’s assessment is set out below.

Indicative date

Stage in assessment process

17 November 2023

Lodgement of application and supporting submission.

27 November 2023

Public consultation process begins.

18 December 2023

Closing date for submissions on interim authorisation.

February 2024

Draft determination and interim authorisation decision.

February/March 2024

Public consultation on draft determination including any conference if called.

March 2024

Applicant responds to issues raised in the public consultation process.

April 2024

Final determination.

Applicant(s)

  • VIRGIN AUSTRALIA AIRLINES PTY LTD
  • VIRGIN AUSTRALIA INTERNATIONAL AIRLINES PTY LTD
  • AIR NEW ZEALAND LIMITED

Authorisation number(s)

  • AA1000653-1

Applications

Document title Date
Application

Consultations

ACCC correspondence