ACCC revokes North West Shelf Gas joint marketing authorisation
The Australian Competition and Consumer Commission has decided to grant North West Shelf Gas Pty Limited's request to revoke the authorisation* granted to it in 1977 by the Trade Practices Commission**.
The North West Shelf project participants*** established a joint venture for the sale of gas to the Western Australian domestic market and sought authorisation from the TPC.
In 1977 the TPC granted authorisation recognising the potential benefits to the Australian economy and how the success of the project depended on the joint venture arrangement. Authorisation was granted to the joint venture partners to 'discuss and agree together the common terms and conditions (including price) upon which natural gas produced pursuant to their programmes … will be offered for sale to potential customers and to discuss and agree a method(s) for marketing such gas'. This authorisation had no end date and would have operated until the ACCC revoked it.
On 14 December 2007, North West Shelf Gas Pty Limited applied to revoke authorisation A18492 on the basis that there is no need to maintain the authorisation. The joint venturers intend to continue their gas joint marketing practices, including ongoing administration of gas supply contracts, without it.
The ACCC received a number of submissions on the application, all of which supported the revocation of the authorisation.
*Authorisation provides immunity from court action for conduct that might otherwise raise concerns under the competition provisions of the Trade Practices Act 1974. Broadly, the ACCC may grant an authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment. The ACCC conducts a comprehensive public consultation process and issues a draft determination before making a decision to grant or deny authorisation.
**The Trade Practices Commission is now part of the ACCC.
***The participants are Woodside Energy Limited, Shell Development (Australia) Pty Limited, BHP Billiton Petroleum (North West Shelf) Pty Limited, BP Developments Australia Pty Limited and Chevron Australia Pty Ltd.
