ICCC ceases investigation into ANCL
The Independent Consumer and Competition Commission (ICCC) ended an investigation into an understanding that was entered into by Air Niugini Cargo Limited (ANCL) and Hevilift Limited (Hevilift).
This is after considering that the MoU does not have any anti-competitive clauses and that competition concerns are not likely to be established.
It was reported by the Post-Courier last year that ANCL, a subsidiary of Air Niugini Limited (ANL), and Hevilift entered into a MoU for the usage of a Hevilift ATR-42 freighter aircraft by ANCL for freighter purposes.
The ICCC then initiated inquiries into the arrangement.
Commissioner and chief executive officer, Paulus Ain said the ICCC conducted an investigation and obtained information, including copies of the MoU from Hevilift and ANCL separately.
Mr Ain said the ICCC assessed the matter under Section 50 of the Independent Consumer and Competition Commission Act 2002 (ICCC Act) and concluded that the MoU does not have any anti-competitive clauses or provisions and therefore Section 50 of the ICCC Act was not infringed by it.
Also the MoU is not a form of joint venture between ANCL and Hevilift, but a statement of partnership to make Hevilift’s ATR-42 freighter available to ANCL should ANCL require it.
It is more related to a marketing venture. There is a shared remuneration agreement for each flight booked by ANCL.
Hevilift, however, can and does operate the ATR-42 Freighter solely for its own clients and benefits. ANCL can also elect not to use the Hevilift Aircraft should a better option be available, the ICCC commissioner added, among others, in his findings.
“The ICCC has considered that the MoU does not have any anti-competitive clauses or provisions,” Mr Ain said.
However, he added that ANCL and Hevilift have been advised that the ICCC reserves its rights to conduct further investigation into the matter should any serious competition concerns arise in the future, that indicate that the arrangement warrants a clearance or authorisation by the ICCC.
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