The Competition Tribunal on Monday granted local carrier 1time airlines leave to amend its original complaint against competitor Kulula airlines.

On April 16, 2008 1time filed a complaint with the Competition Commission against Lanseria airport and Kulula, the Commission said in a statement.

The airline claimed it had been prevented from operating at Lanseria airport following an exclusive agreement between that airport and Kulula.

"It also alleged this amounted to exclusionary behaviour and was in contravention of section 8(c), alternatively section 5(1) of the Competition Act."

The alleged agreement between Lanseria and Kulula commenced in 2006, and contained an exclusivity clause in favour of Kulula for the first year of the agreement - which later expired in early 2007.

Kulula could agree or refuse to allow other airlines to fly scheduled flights from Lanseria.

The Commission, upon completion of its investigation, issued a certificate of non-referral.

"However, 1time then proceeded with a direct referral to the Tribunal contending that Kulula generally acted in an exclusionary manner... and asked the Tribunal to declare the exclusive covenant between Lanseria and Kulula to be a prohibited practice," it said.

Afterwards 1time filed an application to amend its complaint referral to declare that the contravention required or induced Lanseria to not deal with 1time.

The Tribunal was also asked to order Kulula to pay an administrative penalty.

"Kulula opposed the amendment application on two main grounds, namely lack of jurisdiction and failure to disclose a cause of action," the Tribunal said.

The Tribunal dismissed these objections.