Tuesday 31 March 2026
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Contents

ARTICLE 8 · THE AIRLINE RORT

What would fix it

The reforms that would lower Australian airfares are known. The ACCC has identified them. Independent economists have modelled them. The Senate has recommended them. They fall into four categories: more competition, better slot management, airport re-regulation, and political integrity reforms. None requires invention. Several are already in partial operation. The obstacle is not technical. It is political. The same mechanism this series has documented, an airline's cultivation of political relationships through upgrades, donations, and access, is the mechanism that has blocked every serious reform for thirty years.

Article 1 of this series established the foundational fact: when a third carrier enters an Australian domestic route, the price per kilometre falls by more than half. [1] The government's own competition taskforce documented this. [1] It is not disputed. [1]

The reforms that would lower fares are therefore reforms that create the conditions for a third carrier to exist and compete, or that constrain the pricing power of airports and dominant airlines in the absence of competition. [1,7] They are documented. They are costed. Most of them have been recommended by the ACCC or the Senate or both. [6,9] What they have not been is implemented. [7]

This article examines each major reform category, what it would do, what is already in motion, and what the political obstacle is. [1,6,7,9]

Abstract illustration of reform pathways for Australian aviation, with structural barriers visible in the background

The reforms are known. The ACCC has recommended them. The Senate has supported them. The obstacle is political.

Reform 1: Fifth freedom rights and bilateral air services liberalisation

The most effective near-term reform for international routes is the one at the centre of the Qatar block story: granting international carriers fifth freedom rights, the ability to pick up and set down passengers between Australian cities on international routes. [5,9]

Qatar Airways wanted to fly Doha-Sydney-Melbourne-Doha. Under fifth freedom rights, it would also have been able to carry passengers from Sydney to Melbourne on that leg, not just international travellers beginning their journey in Doha. [9] This is how Dubai and Singapore have built aviation hubs: by allowing fifth freedom flying, they created markets where multiple carriers compete on each route, driving prices down systematically. [5]

The European Union's answer to this question, its Single Aviation Market established in 1993, granted these rights between all EU member states simultaneously. [5] The result was the emergence of Ryanair and easyJet as transformative competitive forces. [5] European domestic airfares, adjusted for distance, are consistently lower than Australian equivalents. [5]

Australia's bilateral air service agreements are restrictive on fifth freedom rights compared to open skies models. [9] The Senate inquiry recommended the government conduct proper cost-benefit analysis before bilateral decisions, consult the ACCC, and publish its reasons. [9] These recommendations have not been implemented in any enforceable form. [9]

The Qatar-Virgin alliance, authorised by the ACCC in March 2025, is a partial implementation of the competition that fifth freedom rights would have created directly. [3,12] Virgin CEO confirmed at the alliance authorisation that competition was already producing 'increased sale activity on airfares between Australia and Europe, the Middle East and Africa.' [3,12] The evidence is live: competition lowers prices. [1,12]

A$540M-A$788M per year
The Qatar-Virgin alliance, authorised March 2025, is already producing lower international fares. Fifth freedom rights would have produced the same outcome from July 2023. The difference is 20 months of foregone competition.ACCC / Al Jazeera [1,3,12]

Reform 2: Slot management and use-it-or-lose-it enforcement

The replacement of the Qantas-Virgin joint venture slot manager at Sydney Airport with the independent Airport Coordination Limited in April 2025 is the most significant structural aviation reform of recent years. [2] It addresses one of the five structural barriers to entry identified in Article 2. [2]

Under ACL's management, airlines face stricter use-it-or-lose-it enforcement, real-time slot usage tracking, and published slot data. [2] If an airline cannot use its peak-hour slots at the level of utilisation expected at comparable international airports, it risks losing them. [2] This creates genuine space for new entrants to access Sydney's most valuable flying windows. [2]

What remains insufficient: the 80/20 rule, which allows cancellation of 20 per cent of flights without forfeiting slots, was retained in the 2024 reforms. [2] Aviation analysts argued a stricter rule (85/15 or 90/10) would have created substantially more reallocation pressure. [2] The reform is genuine. The implementation is conservative. [2]

Recommendation: the government should move the 80/20 rule to 85/15 within two years, with independent ACCC review of whether slot reallocation is producing measurable new entry. [2,6]

Reform 3: Airport re-regulation

The ACCC has recommended mandatory and enforceable aeronautical pricing principles for more than a decade. [6] Former ACCC chair Allan Fels identified a 'very strong case' for price regulation. [6] Airlines for Australia and New Zealand called the current monitoring regime 'not fit for purpose.' [6] The airports earned EBITDA margins of up to 82 per cent and returns on aeronautical assets above 20 per cent. [6]

The ACCC's March 2026 airport monitoring report warned that A$20 billion in planned infrastructure investment would likely produce higher charges flowing through to passengers. [6] It recommended, again, that pricing principles be made mandatory and that dispute resolution mechanisms be introduced. [6]

What this means in practice: when an airport proposes to charge airlines A$X per landing, airlines should have access to an independent arbitration process rather than simply accepting the airport's terms or withdrawing from the airport entirely. [6] This is how the UK's Competition and Markets Authority regulates Heathrow. [5] It is not radical. It is standard. [6]

The Western Sydney International Airport, opening late 2026 as a fully government-owned facility, represents an opportunity. [14] Its slot allocation, pricing structure, and access rules can be designed without the influence of the incumbents. [14] If designed correctly, with competitive access principles, slot allocation favouring new entrants, and pricing regulated from the start, WSI could be the entry point that changes the structural dynamic in Australian aviation. [14]

Reform 4: Transparency and competition powers

The Senate inquiry's most structurally significant recommendation, largely overlooked, was the call for divestiture powers. [4]

I believe it would have a very big effect on behaviour, including by Qantas.Allan Fels, former ACCC chair, On giving the ACCC power to require Qantas to divest Jetstar [4]

Former ACCC chair Allan Fels told the inquiry he was 'strongly in favour' of giving the ACCC power to require Qantas to divest Jetstar. [4]

The logic: Jetstar is the mechanism through which Qantas occupies both the premium and budget segments of the domestic market simultaneously. [4,7] A standalone Jetstar, competing independently for passengers and no longer able to coordinate with Qantas on capacity decisions, would immediately restructure the domestic market. [4] The threat of divestiture, even if never exercised, would change the incentives of both airlines. [4]

A specific ACCC investigation into Qantas's market conduct, as recommended by the Senate inquiry, would create the evidentiary basis for whatever structural intervention the market ultimately requires. [4] The monitoring direction that the Treasurer issued in 2023 runs only to December 2026. [7] It should be made permanent. [7]

Reform 5: Political integrity

This reform category is the one the major parties have consistently refused to consider. [8]

The Chairman's Lounge model, documented in Article 4, works because it is legal. [8] Upgrades are declared. No law is broken. [8] The system produces a structurally corrupted decision-making environment without requiring any individual act of corruption. [8]

The fix is simple: prohibit politicians and ministers from accepting any benefits from regulated industries above standard commercial entitlements. [8] An economy-class seat from Qantas, booked and paid for normally, is a standard commercial entitlement. [8] A Chairman's Lounge membership, a personal relationship with the CEO, and a guaranteed upgrade whenever the minister chooses to fly is not. [8]

It is probably time for free upgrades for MPs to be banned.Joe Aston, [8]
I am deeply concerned that any minister or shadow minister would receive extra perks and privileges from any company over which they have authority or influence.Andrew Wilkie, Independent MP, [8]

Every time crossbench senators moved on this, the major parties voted it down. [8]

More broadly: bilateral air service decisions should be subject to mandatory cost-benefit analysis, ACCC consultation, and publication of reasons, as the Senate recommended. [9] The Qatar block occurred because none of these requirements existed. [9] A future transport minister should not be able to block a competitor's application, on behalf of a dominant incumbent, without any of these requirements applying. [9]

What is already working

It is worth recording what has already changed, because reform is possible and some of it has happened. [2,3,7]

Independent slot management at Sydney Airport from April 2025: a genuine structural reform. [2]

Qatar-Virgin alliance producing immediate fare competition on Australia-Europe routes from June 2025. [3,12]

ACCC monitoring direction extended and quarterly reporting recommenced. [7]

Aviation White Paper published, flagging further competition and consumer protection work. [7]

Western Sydney International Airport under construction, government-owned, opening late 2026. [14]

Aviation Customer Rights Charter introduced: partial consumer protection. [10]

Each of these is genuine. [2,3,7,14] None is sufficient on its own. [1,7] The structural condition documented across this series, 94 to 99 per cent duopoly, 16.1 per cent domestic margins, record profits, fares above pre-COVID levels, has not changed. [7]

The political obstacle

The case for reform is clear. The reforms are known. The evidence is documented. The ACCC has made the recommendations. The Senate has supported them. [1,4,6,9]

The obstacle is the same mechanism this series has documented across eight articles: an airline that has systematically cultivated relationships with the politicians who make regulatory decisions, through a legal system of access and preferential treatment that creates obligation without corruption. [8,15]

Qantas has every incentive to maintain the current architecture. [15] Its domestic margins are 16.1 per cent in a concentrated market. [15] Its Loyalty division generates A$511 million in EBIT on a business that depends on domestic pricing power. [15] Every structural reform that introduces competition reduces those margins. [1,15]

The political economy of reform is therefore asymmetric. [15] The benefits are diffuse, distributed across 25 million Australians in the form of lower fares. [1] The costs are concentrated, absorbed by Qantas's shareholders and executives. [15] Concentrated interests are better organised to resist reform than diffuse interests are to demand it. [15]

This series has been an attempt to change that. [1] The facts of the airline rort are not complicated. The market is concentrated. The profits are high. The competition was blocked. The politician who blocked it received two dozen upgrades from the airline she was protecting. The man who lobbied for the block left the country and was never questioned. The media that should have covered the structural story had commercial relationships with the airline. [1,7,8,15]

The fix is: more competitors, better regulated airports, constrained ministerial discretion, banned industry gifts to politicians. [1,6,8,9] Australia has the evidence. It has the recommendations. It has an independent regulator that has been making the case for two decades. [6]

What it needs is a government that will act on it.

The Airline Rort: series complete

8 articles. 120 sources.
One question: why do Australians pay among the most for domestic flights in the developed world? Because the people who could fix it have never needed to buy their own tickets.The Airline Rort series, The Rort
If it's a rort, we cover it.therort.com.au

Correction Policy: If you believe any claim in this article is factually incorrect, contact us at with your evidence and a source. We will review and publish corrections prominently.

References & Sources

  1. [1] Federal competition taskforce data, cited by ACCC (January 2024).https://australianaviation.com.au/2026/03/duopoly-controls-nearly-99-of-domestic-flights-says-accc/. Dr Andrew Leigh (Asst Minister for Competition): price per km with 1 carrier 39.6c; 2 carriers 28.2c; 3 carriers 19.2c. 'The price per kilometre is halved when three competitors fly a route compared with the situation when there is only a single monopoly airline.' Adding competition is the single most effective lever for lowering fares. Every structural reform that enables genuine competition produces immediate fare benefits.
  2. [2] ACCC / AirInsight, ACL slot management reform (April 2025).https://airinsight.com/sydney-slots-shake-up-acl-impact-on-qantas-virgin-australia/. ACL (Airport Coordination Limited) replaced Qantas-Virgin JV as Sydney Airport slot manager from April 1, 2025. Stricter use-it-or-lose-it enforcement; publication of slot data; independent audits. ACL CEO: airlines 'were not using their allocated capacity anywhere near the levels at overseas airports such as Heathrow.' Reform assessment: genuine but partial, slots are one of several barriers to entry, not the only one.
  3. [3] Virgin Australia / Qatar Airways ACCC alliance authorisation (March 2025).https://www.virginaustralia.com/us/en/newsroom/2025/3/qatar-airways-group-and-virgin-australia-receive-final-go-ahead-from-the-accc-for-integrated-alliance/. ACCC granted final authorisation for Qatar-Virgin integrated alliance March 28, 2025. 28 weekly flights Doha-Australia commenced June 2025. Virgin CEO: 'already seeing increased sale activity on airfares between Australia and Europe, the Middle East and Africa thanks to increased competition.' Demonstrates that international carrier entry produces immediate consumer benefits, validating fifth freedom rights as a reform lever.
  4. [4] Crikey / Senate inquiry, divestiture powers and ACCC inquiry recommendation (October 2023).https://www.crikey.com.au/2023/10/10/senate-inquiry-report-qatar-qantas-alan-joyce/. Former ACCC chair Allan Fels to Senate inquiry: 'strongly in favour' of divestiture powers, ability to force Qantas to sell Jetstar. 'I believe it would have a very big effect on behaviour, including by Qantas.' Senate committee recommended ACCC conduct specific investigation into anti-competitive behaviour in aviation. Also recommended ACCC launch inquiry into Qantas's conduct in market. 'The committee is concerned by evidence suggesting Qantas may be especially aggressive when seeking to maintain its market share.'
  5. [5] EU Single Aviation Market, European comparison.https://transport.ec.europa.eu/transport-modes/air/single-european-sky_en. EU Single Aviation Market established 1993. Any EU-registered carrier can fly between any two EU cities, full fifth freedom rights within the bloc. Result: Ryanair and easyJet emerged as transformative competitive forces. European domestic airfares (adjusted for distance) consistently lower than Australian equivalents. UK post-Brexit maintained competitive market via slot auction systems and multiple LCC presence. Open skies within a market produces structural fare reductions independent of any specific policy intervention.
  6. [6] Australian Aviation, ACCC airport regulation recommendations.https://australianaviation.com.au/2024/05/australias-big-four-airports-are-back-in-the-black/. ACCC has for years recommended: mandating aeronautical pricing principles; introducing enforceable dispute arbitration mechanism for airport-airline commercial disputes. Former ACCC chair Allan Fels: 'very strong case' for introduction of price regulation of airports. Airlines for Australia and NZ (A4ANZ): current monitoring regime 'not fit for purpose.' ACCC reiterates: 'Australian Government should mandate use of aeronautical pricing principles and introduce appropriate enforcement mechanism.'
  7. [7] ACCC, Domestic Airline Competition Report, March 2026.https://www.accc.gov.au/media-release/accc-monitoring-impact-on-domestic-aviation-amid-middle-east-conflict. As of March 2026: Qantas Group record EBIT A$1.59 billion H1 FY25-26 (up 5.4%). Duopoly controls nearly 99% of domestic flights. Fares 4.3% higher December 2025 vs December 2024. Seat capacity still 3.3% below pre-COVID levels. ACCC monitoring direction runs to December 2026. Monitoring has not produced structural change. Structural reform requires either new entry (via fifth freedom, open skies) or regulatory constraint (slot reform, airport re-regulation, divestiture powers).
  8. [8] InDaily, Chairman's Lounge ban / lobbying reform calls (October 2024).https://www.indailyqld.com.au/news/just-in/2024/10/31/a-perk-too-far-when-it-comes-to-qantas-access. Joe Aston: 'it is probably time for free upgrades for MPs to be banned.' Andrew Wilkie MP: 'I am deeply concerned that any minister or shadow minister would receive extra perks and privileges from any company over which they have authority or influence.' Every time crossbench pushes on lobbying transparency and ministerial diaries, 'the major parties team up and defeat the motion or bill.' Pocock, Greens senators refused Chairman's Lounge membership.
  9. [9] Senate inquiry Qatar block, bilateral air services reform recommendations (October 2023).https://simpleflying.com/australian-senate-qatar-decision-must-reviewed/. Senate committee recommendations: government should conduct cost-benefit analysis before bilateral air service decisions; consult widely including ACCC; publish reasons for decisions. Committee: Australia's bilateral framework is too restrictive. Fifth freedom rights for international carriers on domestic routes would immediately add competitive pressure. Senator McKenzie: 'More competition is needed in our Airline industry to drive down prices for the Australian travelling public.'
  10. [10] ACCC / Qantas, ghost flights settlement and consumer protection gaps.https://www.accc.gov.au/media-release/accc-takes-court-action-alleging-qantas-advertised-flights-it-had-already-cancelled. Qantas settled ghost flights case with ACCC 2024 for approximately A$120 million. Passengers who bought cancelled flights entitled to compensation. Senate inquiry also recommended consumer protection reforms: compensation for delays, cancellations, lost baggage; aviation ombudsman scheme. Aviation Customer Rights Charter introduced. But charter is voluntary in key respects, no mandatory minimum compensation regime equivalent to EU261/2004.
  11. [11] Australian Domestic Gas Security Mechanism / analogous intervention models.https://www.accc.gov.au/. Australia has used export controls for gas (ADGSM) as a last-resort tool to protect domestic supply. Analogous model for aviation: government authority to intervene in bilateral air service decisions based on published cost-benefit criteria and competition assessment, rather than ministerial discretion applied without transparency. The Qatar block showed what happens with unconstrained ministerial discretion: decisions made without stated reasons, influenced by a dominant incumbent.
  12. [12] Virgin Australia / Qatar success, what immediate competition achieved (2025).https://www.virginaustralia.com/us/en/newsroom/2025/3/qatar-airways-group-and-virgin-australia-receive-final-go-ahead-from-the-accc-for-integrated-alliance/. Virgin CEO at ACCC alliance authorisation March 2025: 'already seeing some of the positive benefits of the partnership, including increased sale activity on airfares between Australia and Europe, the Middle East and Africa thanks to increased competition.' The Qatar-Virgin alliance demonstrates in real time what Article 1 documented theoretically: competition lowers prices. The question is not whether reform would work. It is whether the political environment allows reform.
  13. [13] ACCC, 'East coast gas surplus' / regulatory monitoring limits analogy.https://www.accc.gov.au/media-release/east-coast-gas-surplus-on-the-immediate-horizon-but-longer-term-regulatory-certainty-needed-to-avoid-future-shortfalls. The aviation regulatory problem mirrors the gas regulatory problem documented in The Rort's Gas series: the ACCC monitors, documents problems clearly, makes recommendations, and lacks enforcement power to implement them. In both cases: the regulator identifies the structural failure; the government does not act; the industry maintains its market position. The reform pathway in both cases requires political will that the industry's cultivation of political relationships is designed to prevent.
  14. [14] Western Sydney Airport / competition implications (2026).https://australianaviation.com.au/2024/04/sydney-airport-sees-588m-loss-despite-return-to-pre-covid-earnings/. Western Sydney International Airport (Nancy-Bird Walton) opening late 2026. 100% government owned. Will break Sydney Airport's monopoly on commercial aviation in the Sydney region. May attract new entrants, both international carriers with fifth freedom ambitions and potential new domestic operators. The government-owned new airport creates a policy opportunity: slot allocation and access rules can be set without the incumbents' influence. If designed well, WSI could be the structural entry point that the reform agenda needs.
  15. [15] Qantas, FY25 results / political reform context.https://www.qantas.com/au/en/qantas-group/delivering-today-and-tomorrow/delivering-today.html. Qantas FY25: A$2.39 billion underlying PBT, A$1.61 billion statutory PAT. Domestic margin 16.1% vs international 7.1%. The airline is highly profitable under the current regulatory architecture. Every structural reform that increases competition reduces these margins. The political economy of reform is therefore straightforward: the beneficiary of the current arrangement (Qantas) has strong incentives to maintain it, financial resources to fight reform, and documented relationships with the politicians who would make reform decisions. The case for reform is consumer-side. The case against reform is industry-side. This is the standard pattern.
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