Virgin Australia Airlines Pty Ltd

Summary

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 is seeking 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 is seeking authorisation for 5 years.

Virgin Australia is also seeking interim authorisation to allow it to commence marketing United Airlines operated services under a codeshare agreement.

On 12 May 2022, the ACCC granted interim authorisation to Virgin Australia to enable it to make and give effect to its proposed codeshare agreement with United Airlines.

An indicative timetable for the ACCC’s assessment is set out below:

Indicative date

Stage in assessment process

14 April 2022

Lodgement of application.

26 April 2022

Public consultation process begins.

3 May 2022

Closing date for submissions on interim authorisation.

12 May 2022

ACCC decision regarding interim authorisation.

20 May 2022

Closing date for submissions on substantive application.

May/June 2022

Applicant responds to issues raised in the public consultation process.

June 2022

Draft determination.

June/July 2022

Public consultation on draft determination including any conference if called.

July/Aug 2022

Final determination.

Applicant(s)

  • Virgin Australia International Airlines Pty Ltd
  • Virgin Australia Airlines Pty Ltd (Use for all Virgin Airline entries)

Authorisation number(s)

  • AA1000608-1