On 18 October 2017, The Competition and Consumer Act 2010 was amended by the Competition and Consumer Amendment (Competition Policy Review) Act 2017, following recommendations from the 2015 Harper Competition Policy Review.
The amendments to the Competition and Consumer Act 2010 include changes to the National Third Party Access Regime to better target the lack of competition in markets for infrastructure services where third party access is required. These amendments came into effect on 6 November 2017.
As a result of the legislative changes to Part IIIA, the National Competition Council has updated its Declaration of Services guide and Certification of State and Territory Access Regime guide.
On 16 August 2017, the Federal Court handed down its judgment in the Port of Newcastle matter. The Court decided to dismiss the application from Port of Newcastle Pty Ltd for judicial review of the Australian Competition Tribunal’s decision to declare the shipping service at Port of Newcastle.