On 29 April 2011 the ACCC accepted a variation to the section 87B undertaking given by Flinders Ports on 9 September 2008 to take into account Flinders Ports’ proposed acquisition of DP World (SA)’s interest in the joint venture. The variations were accepted on a confidential basis until the acquisition was completed and made public
Broadly, the variations:
adapt the obligations in the undertaking so that they are relevant to the new corporate relationship described above;
extend the term of the undertaking so that it will continue until it is withdrawn by Flinders Ports with the consent of the ACCC or revoked by the ACCC;
expand and clarify the types of proposed transactions of which Flinders Ports must notify the ACCC in advance; and
expand the scope of Flinders Ports’ obligation to regularly report to the ACCC information in relation to certain requests received from third parties.
