Perkins Industries Pty Ltd; Perkins Shipping Pty Ltd; and Perkins Properties Pty Ltd (together “Perkins”) have provided a revised Court enforceable undertaking to the ACCC in respect of providing access to wharf facilities at the Port of Gove and maintaining levels of customer service. The revised undertaking has the effect of removing any potential inconsistency between Perkins’ obligations under a Court enforceable undertaking accepted by the ACCC on 24 December 2003 and Perkins’ conduct with respect to the operation of a new heavy lift wharf at the Port of Gove, for which Perkins has been granted authorisation by the ACCC.
The revised undertaking provides for access to the new heavy lift wharf and to the existing public wharf at the Port of Gove, subject to any restrictions which arise during the period of Alcan Gove Pty Limited and Alcan Gove Development Pty Limited’s (together “Alcan”) expansion of Alcan’s alumina refinery at Gove, and subject to the same terms as set out in the original undertaking. A covering letter from Perkins’ solicitors explaining the context of, and necessity for, Perkins providing a revised undertaking to the ACCC is included.
The ACCC accepted the previous undertaking from Perkins on 24 December 2003 in the context of Perkins’ acquisition of Gulf Freight Services, which formerly competed with Perkins in the provision of coastal shipping services to the remote communities of north-western Australia, the Northern Territory and the Gulf of Carpentaria.
The revised undertaking maintains the obligation on Perkins to provide access to certain wharf facilities at the Port of Gove, subject to the same principles and requirements.
