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Air New Zealand and Qantas

Air New Zealand and Qantas: Commission outlines timing of draft determination and conference

The Commerce Commission intends to release simultaneously two draft determinations relating to two applications by Qantas and Air New Zealand for authorisation under the Commerce Act in early April 2003.

The draft determinations will consider: the application by Qantas Airways Limited seeking authorisation under section 67 of the Commerce Act to subscribe for up to 22.5% of the voting equity in Air New Zealand; and the application by Air New Zealand and Qantas Airways Limited seeking authorisation under section 58 of the Commerce Act to implement the terms of a strategic alliance arrangement and related agreements.

The Commission will consider written submissions on the draft determinations. The deadline for submissions is 4.00 pm Friday 9 May 2003. Public versions of all submissions will be published on the Commission’s website (

The Commission intends to release its final determinations at the end of June. In order that appropriate consideration is given to all submissions, the Commission must receive submissions within the timeframes specified. Where late submissions are made, the Commission will decide what weight they can be given.

The Commission will issue separate draft determinations, and final determinations, in respect of each application. However for administrative convenience, the Commission will hold one four-day conference, currently set down for Tuesday 20 May to Friday 23 May 2003 (inclusive) to consider both applications.

The conference is for interested parties to make oral presentations based on submissions to the Commission and for the Commission to ask questions. The conference will follow the Commission’s standard conference procedures.

The conference will be held in Wellington, venue to be confirmed. A schedule of parties presenting at the Conference will be released publicly in advance of the conference.

Proposed Timetable
Action Date
Application received 9 December 2002
Public versions of applications released 18 December 2002
Submissions on the applications closed 14 February 2003
Issue of draft determination Early April 2003
Further submissions on draft determination due 4.00 pm, 9May 2003
Commission Conference 20 – 23 May 2003
Final determination published End June 2003

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