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 8 January 2016 the Minister made a decision not to declare the service. On 29 January Glencore applied to the Australian Competition Tribunal for a review of the Minister's decision. On 31 May 2016 the Tribunal decided the service should be declared and on 16 June 2016 made orders giving effect to that decision. On 14 July 2016, Port of Newcastle Operations Pty Ltd applied for judicial review of the Tribunal’s decision.
Current status - 6. Outcome & subsequent events