The ACCC sought submissions from ABB Grains Ltd (ABB) and other stakeholders on its draft decision not to accept ABB's proposed Acees Undertaking (the Undertaking), in particular:
if the ACCC's recommendations were adopted by ABB in a revised Undertaking, whether the revised proposed Undertaking would be appropriate;
whether ABB's proposed standard terms and conditions of access to port terminal services (found above and at Annexure A to the draft decision) would form an approriate Indicative Access Agreement (if attached to a revised Undertaking submitted by ABB); and
whether ABB's revised Port Loading Protocols would be appropriate (if attached to a revised Undertaking submitted by ABB).
Submissions from ABB
The ACCC received the following submissions from ABB in relation to the ACCC's draft decision on its proposed Undertaking:
In response to the AGEA submission of 15 September 2009, the ACCC received a further submission from ABB in relation to the proposed provision of the Undertaking by AusBulk Limited instead of ABB:
