The ACCC considered a number of exclusive dealing notifications during the period, all of which are available on the ACCC's public register.
Notification provides immunity from legal action for potential breaches of the exclusive dealing provisions of the Trade Practices Act. Immunity operates from the date a notification is lodged (or 14 days after in the case of third line forcing) and remains in place unless revoked by the ACCC.
Two exclusive dealing notification processes exist under the Act—one for third line forcing conduct and one for exclusive dealing conduct that is not third line forcing.
Gladstone Ports Corporation Limited proposes to require that all vessels requiring towage services in the Port of Gladstone use the services of the holder of a tug licence. The notification is lodged for conduct to occur between 1 January 2011 and 31 December 2018 (five-year licence with possible option to extend for three years).
The ACCC sought submissions from interested parties prior to allowing the notification to stand on 1 May 2009.
AMS proposes to waive the deferred administration fee on existing Wizard-branded home loans on condition that the borrower has refinanced, or agreed to refinance, with AHL Investments Pty Ltd. Therefore AMS proposes to enforce, at its discretion, its contractual right to levy the DAF in circumstances where the borrower has not refinanced, or has not agreed to refinance, with AHL.
The ACCC sought submissions from interested parties prior to allowing the notification to stand on 1 May 2009.
On 23 March 2009 and 8 April 2009, third line forcing notifications were lodged by a number of public health organisations. PHOs are area health services, statutory health corporations and affiliated health organisations that conduct public hospitals in New South Wales.
Under the notified conduct, pathology services for private inpatients in New South Wales public hospitals must, unless it is not in the best interests of the patient, be supplied by pathology practitioners appointed by PHOs.
