Access to monopoly infrastructure
Access regulation seeks to promote effective competition in markets that depend on using the services of infrastructure that cannot be economically duplicated.
The Council received an application under Part IIIA of the Competition and Consumer Act 2010 (CCA) from Glencore Coal Pty Ltd seeking declaration provision of the right to access and use the shipping channels provided by the Port of Newcastle. On 10 November 2015, the Council sent to the Federal Treasurer, the Hon. Scott Morrison MP, its final recommendation. Under s 44H(9) of the Competition and Consumer Act 2010 (Cth), if the Minister has not published his decision and the reasons for his decision within 60 days after receiving the Council’s recommendation, he will be deemed to have decided not to declare the service. The Council will publish its final recommendation on the day that the Minister publishes his decision (or is deemed to have published his decision).
Current status - 5. Final recommendation and decision