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Air New Zealand and Qantas appeal NZCC decision

Travel News Asia 20 November 2003

Air New Zealand and Qantas today lodged an appeal with the New Zealand High Court against the New Zealand Commerce Commission's determination to decline the airlines' Alliance authorisation applications.

Air New Zealand Chairman John Palmer said that the Boards of both Air New Zealand and Qantas had carefully reviewed the NZCC's final determination and had received advice from leading international economists and prominent competition lawyer Jim Farmer QC that the Commission's determination is seriously flawed and that the factual and economic evidence provide strong grounds for an appeal.

"Based upon the strength of the legal advice the Air New Zealand and Qantas Boards received, it would have been negligent for the respective Boards not to proceed with an appeal," said Mr Palmer.

Air New Zealand Chief Executive Ralph Norris said that much of the Commission's determination is based on analysis, assumptions and information that does not stand up to scrutiny, or indeed, bear any resemblance to the commercial realities of the aviation market.

"The High Court appeal is likely to be heard in the middle of next year. As the appeal documents have now been lodged with the High Court, it is inappropriate to comment further on the details of the appeal until such time as it is heard.

"In the meantime, it is business as usual for Air New Zealand as we continue to focus on providing our customers with great value in an increasingly competitive market," said Mr Norris.

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