ACCC removes immunity for speedway racing notifications
The Australian Competition and Consumer Commission has issued a decision revoking third line forcing notifications* that enable National Association of Speedway Racing** to restrict its licensees from racing only at NASR approved tracks and venues.
"The ACCC is concerned by the notified conduct because it could have a significant effect on tracks and venues not approved by NASR, as they will no longer be able to attract NASR licence holders to race at their venues," ACCC Chairman, Mr Graeme Samuel, said today.
NASR provides licences to race in speedway racing categories throughout Australia. The majority of speedway drivers in Australia hold at least a NASR licence. Many drivers race at venues across the country. NASR also approves tracks and venues using a track rating system and by ensuring the track holds adequate public liability insurance.
"While the ACCC acknowledges there is significant public benefit in having safety standards for speedway tracks and venues which are monitored and enforced, the ACCC considers a significant public detriment results from preventing NASR licensees from racing at tracks and venues which are not approved by NASR, but which otherwise meet the appropriate safety and insurance standards."
The ACCC has also revoked similar notifications lodged by the national governing body for each of the sprintcar, saloon car and V8 dirt modified car racing divisions. The SCCA, ASCF and DMA*** proposed to make membership conditional upon obtaining a licence from NASR and restricting their drivers to racing only at approved tracks and venues.
The ACCC does not intend taking any further action at this time in respect of notifications lodged by Perth Motorplex and Avalon Raceway****. These notifications require all drivers who wish to access the race and pit facilities of these tracks to hold a NASR licence. Immunity for such conduct is only afforded to the Perth Motorplex and Avalon Raceway.
The ACCC does not intend taking any further action at this time in respect of the notifications lodged by NASR requiring licence holders to only race in recognised categories.
More information regarding the notification and a copy of the final notice will be available at the ACCC website by following the links to Public registers and Authorisations and notifications registers and Exclusive dealing notifications register.
* Parties may obtain immunity from legal action in respect of third line forcing conduct by lodging an exclusive dealing notification with the ACCC. Immunity is conferred automatically two weeks after the notification is validly lodged. The ACCC may issue a notice revoking a third line forcing notification if it is satisfied that the likely benefit from the conduct or proposed conduct will not outweigh the likely detriment from the conduct or proposed conduct. Before issuing such a notice, the ACCC must first issue a draft notice outlining the reasons why it proposes to revoke the notification.
** National Association of Speedway Racing Pty Ltd and National Association of Speedway Racing Incorporated.
*** Sprintcar Control Council of Australia Incorporated, Australian Saloon Car Federation and Dirt Modifieds Australia Incorporated.
**** Placide Pty Ltd as trustee for the Metro Speedway Trust t/a Speedway Perth Motorplex and Coria Park Pty Ltd t/a Avalon International Raceway.
