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Competitive Market & Fair Trade - Authorizations

2009

Air Niugini Codesharing arrangement with Qantas Airways Limited

  • Applicant: Air Niugini Limited
  • Date of Lodgement: August 6, 2009
  • File Number: A2009/09
  • Industry Classification (PNGSIC): (6210) Schedule Air Transport
  • Summary of Application: Air Niugini sought authorisation to give effect to the renewed code share agreement between itself and Qantas. The application calls for the continuation of air passenger services between PNG and Australia on the Port Moresby - Cairns route vv and the Port Moresby – Brisbane and Port Moresby - Sydney route vv. Under the code share arrangement Qantas purchases a number of passenger seats on a ‘hard block’ basis with an option to acquire additional seats (‘soft block’) on all Air Niugini flights on these routes as the marketing carrier. This block purchase arrangement also extends to the air freight services on the Port Moresby – Brisbane and Port Moresby - Sydney route vv.
  • Document(s):
    Final Determination of Codeshare Agreement
    Air Niugini Codeshare Authorisation Application
    Air Niugini submission in support of application
    Stakeholders’ Submissions
  • Outcome: The ICCC granted a conditional Authorisation to Air Niugini to continue code sharing with Qantas for a limited period of two and half years until 30 June 2012.
  • Determination Date: December 18, 2009

2009

S.P.I Distribution Limited (InterOil)

  • Applicant: InterOil
  • Date of Lodgement: August 07, 2009
  • File Number: A2009/8
  • Industry Classification (PNGSIC): (6303) Other Supporting Transport Activities
  • Summary of Application: InterOil applied for authorization on August 7 2009. It sought authorisation to acquire all of Shell Overseas Holdings Limited’s shares in the Joint User Hydrant Installation (JUHI) - Jet A-1 aviation refueling facility at the Jackson’s Airport. This facility is currently managed by Shell Oil Products Limited, a locally incorporated company.

    After consultation with relevant key stakeholders and detailed analysis, the ICCC concluded that the acquisition would substantially lessen competition. The ICCC also concluded that whilst there would be some benefit to the public which would result, or be likely to result, from the acquisition, the ICCC is not satisfied that those benefits would outweigh the detrimental effects to the public from a lessening of competition.

  • Document(s):
    ICCC Determination
    InterOil Authorization Application and Submission
    Public submissions on InterOil Authorization application
  • Outcome: The Commission declined to grant authorization to InterOil for the proposed acquisition
  • Determination Date: October 08, 2009

2008

Airlines PNG Ltd Codesharing arrangement with Pacific Blue (Aust) Pty Ltd

  • Applicant: Airlines PNG Limited
  • Date of Lodgement: September 10, 2008
  • File Number: A2008/07
  • Industry Classification (PNGSIC): (6210) Schedule Air Transport
  • Summary of Application: Airlines PNG sought authorisation to enter into, and give effect to a code share arrangement with Pacific Blue (Aust) Pty Ltd, to operate services between Port Moresby and Brisbane vv. Pacific Blue (Aust) Pty Ltd will lease a B737-800 aircraft from Pacific Blue (NZ) Ltd. Pacific Blue (Aust) Pty Ltd will code share with Airlines PNG as the operating carrier and the marketing carrier, respectively. On each flight, Pacific Blue will allocate a hard block of the majority of the seats to Airlines PNG and will retain for itself the balance of the hard block seats. Freight capacity on the aircraft has been pre sold to Toll Freight. The arrangement is for a period of 3 years. commencing November 2008.
  • Document(s):
    ICCC Final Determination
    Summary of Pre-decision Public Conference
    Public submissions on ICCC Draft Determination
    Public submissions on Airlines PNG Authorisation Application
    Airlines PNG Authorisation Application
  • Outcome: The Commission granted conditional authorisation to the parties to code share on the Brisbane-Port Moresby route commencing 12 November 2008 to 12 November 2011.
  • Determination Date: November 11, 2008

2007

Air Niugini Codesharing arrangement with Qantas Airways Limited

  • Applicant: Air Niugini Limited
  • Date of Lodgement: April 4, 2007
  • File Number: A2007/06
  • Industry Classification (PNGSIC): (6210) Schedule Air Transport
  • Summary of Application: Air Niugini sought authorisation for the Renewed Code share Agreement with Qantas. The application calls for the continuation of air services between PNG and Australia on the Port Moresby - Cairns route vv and the Port Moresby - Brisbane/Sydney route vv. Under the Code share arrangement Qantas purchases a number of passenger seats on a ‘hard block’ basis with an option to acquire additional seats (‘soft block’) on all Air Niugini flights on these routes as the marketing carrier. This block purchase arrangement also extends to the air freight services on the Port Moresby - Brisbane/Sydney route vv.
  • Document(s):
    ICCC Final Determination of Codeshare Agreement
    Air Niugini Codshare authrisation application
  • Outcome: The ICCC granted a conditional Authorisation to Air Niugini to continue code sharing with Qantas for a limited period of two years until December 31, 2009.
  • Determination Date: November 16, 2007

2005

InterOil Products Limited acquisition of Shell (PNG) Limited

2004

T.G. Constantinou acquisition of Monier (PNG) Limited & Nebiri Quarry

  • Applicant: T.G Constantinou
  • Date of Lodgement: March 17, 2004
  • File Number: A2004/02
  • Industry Classification (PNGSIC): Quarrying of Stone, Sand and Clay
  • Summary of Application: The acquirer proposed to purchase from Steamships Group of companies, the assets, including plant and equipment, aggregate stocks and quarry rock source at Nebiri Quarry at 12 mile and the businesses operated by Monier (PNG) Limited at 6 mile.
  • Document(s):
    ICCC Determination ref Acquisition of Nebiri Quarries & Monier
  • Outcome: ICCC granted Authorisation to T.G Constantinou
  • Determination Date: June 9, 2004

2003

Laga Industries Acquisition of Tanubada Dairy Products

  • Applicant: Laga Industries Limited
  • Date of Lodgement: July 28, 2003
  • File Number: A2003/01
  • Industry Classification (PNGSIC): Manufacture of dairy products
  • Summary of Application: Laga Industries Limited proposed to acquire the business of importing, manufacturing and packaging of ice cream from Tanubada Diary Limited.
  • Document(s):
    Determination on Laga
  • Outcome: ICCC granted Authorisation to Laga Industries
  • Determination Date: September 29, 2003