Background to the ACCC's decision on ARTC's 2008 IAU

ACCC final decision (30 July 2008)

On 30 July 2008, the ACCC accepted ARTC’s Interstate Rail access undertaking (ARTC’s undertaking).

The ACCC completed its assessment within a tight timeframe, releasing its draft decision within 4 months of receiving ARTC’s December undertaking application and its final decision within 3 months of its draft decision.

ARTC’s June 2007 undertaking application (the June undertaking)

On 8 June 2007, ARTC lodged an access undertaking application (the June undertaking) with the ACCC for assessment under s.44ZZA of the Trade Practices Act 1974 (the Act), known as the Competition and Consumer Act 2010 from 1 January 2011. The June undertaking was to replace ARTC’s 2002 undertaking which lasted for five years and expired on 30 June 2007.

The ACCC released an issues paper on 22 June 2007 regarding the June undertaking which called for submissions from stakeholders. Seven submissions were received.

ARTC’s withdrawal of the June 2007 undertaking application (15 October 2007)

Drawing on submissions on the 22 June 2007 issues paper and ARTC’s application, the ACCC sought further information and clarification from ARTC on its June undertaking. However, on 15 October 2007, ARTC withdrew its June undertaking from the consideration of the ACCC.

ARTC’s December 2007 undertaking application (the December undertaking)

On 20 December 2007, ARTC lodged a revised access undertaking (the December undertaking) for the interstate rail network.

The ACCC released an issues paper on 14 January 2008 which sought stakeholder submissions on the December undertaking. Eight submissions were received—the last submission was received on 21 February 2008.

ACCC draft decision (29 April 2008)

On 29 April 2008, the ACCC released its draft decision on the December undertaking for public comment. The draft decision was to accept the undertaking subject to ARTC addressing a number of issues raised by the ACCC.

The Draft Decision indicated that if ARTC takes the view that it wishes to address the issues raised in the ACCC Draft Decision and wishes to take the December Undertaking toward a Final Decision, ARTC must:

• withdraw the December Undertaking from the consideration of the ACCC
• amend the December Undertaking to address the issues raised in the recommendations of this draft decision
• resubmit the amended Undertaking incorporating the changes to the ACCC for consideration and a Final Decision.

Submissions on the draft decision were due by 26 May 2008. Six submissions were received; the last submission was received on 4 June 2008.

ARTC’s withdrawal of the December 2007 undertaking application (15 July 2008)

On 15 July 2008 ARTC withdrew its December undertaking.

ARTC’s 2008 undertaking application (15 July 2008)

On 15 July 2008 ARTC submitted a new undertaking (the 2008 undertaking), which adopted the ACCC’s draft decision recommendations.