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 New Zealand) (together, the Applicants) lodged an application for authorisation to authorisation in respect of a unilateral Trans-Tasman code share arrangement for a period of 5 years.

Specifically, Virgin Australia and Air New Zealand are seeking authorisation for Virgin Australia to place its airline code on a free sale basis on Air New Zealand operated services on trans-Tasman routes where Virgin Australia does not operate. This will be on the condition that Air New Zealand specifies the public fares at which Virgin Australia may market and resupply these trans-Tasman services, including for itineraries that include a connecting Australian domestic service operated by Virgin Australia. Virgin Australia and Air New Zealand can also jointly identify corporate and SME customers to provide discounts in respect of services that can be provided by Virgin Australia, for VA*NZ Trans-Tasman Itineraries.

Virgin Australia and Air New Zealand have also sought interim authorisation to allow the necessary planning, discussions and coordination, as well as forward selling of services.

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.

April 2024

Draft determination and interim authorisation decision.

April/May 2024

Public consultation on draft determination including any conference if called.

May 2024

Applicant responds to issues raised in the public consultation process.

May 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