Flinders Ports Pty Ltd - proposed joint venture with DP World (SA) Pty Ltd

Type of assessment

Informal Review

Reference

31660

Acquirer(s)

Flinders Ports Pty Ltd

Target(s)

DP World (SA) Pty Ltd

Industry

Stevedoring facility

Summary

The ACCC decided not to oppose the proposed joint venture between Flinders Ports and DP World (SA) for the operation of the stevedoring facility located at the Outer Harbor Container Terminal at Port Adelaide, after it accepted a section 87B undertaking offered by Flinders Ports.

Outcome of assessment

Not opposed subject to undertakings

Total review days *

Commenced public review

24^th April 2008

Date completed

9^th September 2008

Market definition

Refer to Public Competition Assessment

Competition analysis

Refer to Public Competition Assessment

Public competition assessment

Public Competition Assessments
24^th September 2008
D08+96879.pdf (875.4 KB)

Statement of issues

Statement of Issues
18^th June 2008
D08+56297.pdf (268.6 KB)

Undertakings

Final 87B Undertakings
9^th September 2008
D08+90278.pdf (648.7 KB)

Related media releases

ACCC accepts undertaking in Flinders Ports/DP World (SA) joint venture
The Australian Competition and Consumer Commission will not intervene in the proposed joint ventu...
Issued: 11^th September 2008 Release # MR 260/08

Review timeline

Date	Event
24^th April 2008	ACCC commenced review under the Merger Review Process Guidelines.
28^th April 2008	Market inquiries commenced.
16^th May 2008	Closing date for submissions from interested parties.
30^th May 2008	ACCC awaiting further information from Flinders Ports. ACCC timeline suspended.
10^th June 2008	ACCC received further information from Flinders Ports. ACCC timeline recommenced.
18^th June 2008	ACCC published a Statement of Issues outlining preliminary competition concerns.
18^th June 2008	Former proposed date for announcement of ACCC's findings of 18 June 2008, amended to allow for receipt of responses to Statement of Issues.
2^nd July 2008	Closing date for submissions relating to Statement of Issues.
11^th July 2008	ACCC requested further information from Flinders Ports. ACCC timeline suspended.
16^th July 2008	Former proposed date for announcement of ACCC's findings of 16 July 2008 amended to allow for further market inquiries.
21^st July 2008	ACCC received further information from Flinders Ports. ACCC timeline recommenced.
30^th July 2008	Former proposed date for announcement of ACCC's findings of 30 July 2008 amended to allow for further inquiries.
14^th August 2008	Draft 87B undertaking proffered by Flinders Ports. ACCC commenced market inquiries.
14^th August 2008	Former proposed date for announcement of ACCC's findings of 13 August amended to 3 September 2008 to allow for consultation on proposed draft 87B undertaking.
4^th September 2008	Former proposed date for announcement of ACCC's findings of 3 September 2008, amended to 10 September 2008 pending receipt of documents from Flinders Ports.
9^th September 2008	87B undertaking accepted by ACCC. ACCC announced it would not oppose the proposed acquisition.

* Total Review days = Total business days less public holidays and time during which the review was suspended.

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