On 11 August 2005, the Australian Peak Shippers Association (APSA) lodged a complaint with the ACCC alleging that the Australia to Europe Liner Association (AELA) had contravened s. 10.41 of Part X of the Trade Practices Act 1974 ('the Act', known as the Competition and Consumer Act 2010 from 1 January 2011) in negotiations on a proposed increase in outward terminal handling charges. APSA alleged that AELA breached s. 10.41 by refusing to allow it to sight contracts between AELA and the provider to AELA member lines of stevedoring services, P&O Ports, during the negotiations.
Among other things, s. 10.41 requires liner cargo shipping conferences to provide peak shipper bodies with ‘reasonably necessary’ information, upon request, for the purposes of negotiation on ‘negotiable shipping arrangements’.
After preliminary inquiries the ACCC decided on 21 October 2005 to hold an investigation into the complaint under s. 10.48(1) of Part X of the Act.
The final report below sets out the ACCC’s view on whether grounds existed for the Minister for Transport and Regional Services to be satisfied that the members of the Australia to Europe Liner Association contravened s. 10.41 of Part X of the Act.
