s. 50. Prohibition of acquisition that would result in a substantial lessening of competition
1.7.04 undertaking by Pacific National Pty Ltd (PN) in relation to rail track at the entrance to Somerton, Melbourne, Victoria and in relation to contracts between Freight Australia and Specialised Container Transfer (SCT). PN has undertaken that if, on or after the date it acquires FA, the Somerton siding is controlled by PN, then PN will use its best endeavours to transfer control of Somerton Siding to a party independent of PN. In the undertaking PN has also agreed to cause FA to continue to supply SCT with the services contracted under the SCT Agreement (as varied) and to cause FA to negotiate in good faith should SCT wish to further extend the terms of the SCT Agreement.
SP Energy Pty Ltd
s. 50. Prohibition of acquisition that would result in a substantial lessening of competition
19.7.04 undertaking from SP Energy Pty Ltd (SPE) to address concerns raised by the ACCC in relation to a share sale agreement with TXU Corp.
The undertaking specifies various ways in which there is to be operational separation between SPI PowerNet Pty Ltd (SPI PowerNet), which is the owner of the major transmission network in Victoria, and TXU electricity retail and generation businesses.
There is a further requirement that SPI PowerNet not make any decisions which unfairly discriminate in favour of TXU electricity retail or generation businesses, or which discriminate unfairly against any competitor of TXU electricity retail or generation businesses, in relation to a number of specified issues.
In addition, within six months of the acquisition, SPI PowerNet must modify its systems to remove access by SPI PowerNet staff to pre-dispatch data.
The undertaking also makes provision for SPI PowerNet to provide to the ACCC, on request, information and documents relating to the operation of the Heywood interconnector and to provide details of corporate management measures introduced to comply with the undertaking.
