The ACCC has granted interim authorisation to Holcim (Australia) Pty Ltd to extend the operation of its cartage allocation system for concrete carriers in Western Australia.
An authorisation previously granted in 2008 is due to expire on 30 June 2013. On 19 June 2013, Holcim lodged an application for reauthorisation to continue the operation of their cartage allocation system, and also requested interim authorisation.
“Interim authorisation allows for the continued operation of the cartage allocation system, which has previously resulted in public benefits,” ACCC Deputy Chair Dr Michael Schaper.
“The ACCC is concerned that this application was lodged so close to the expiry date of the existing authorisation, but recognises that granting interim authorisation will avoid unnecessary disruption to the independent contractor drivers who deliver Holcim concrete.”
Interim authorisation allows Holcim to continue to operate its cartage allocation system while the ACCC considers the merits of the substantive application.
The Equal Opportunity of Trips System is intended to ensure that each concrete carrier in Holcim’s Perth metropolitan fleet receives an equal share of work from Holcim, within a specified margin of the fleet average.
Interim authorisation commences immediately, and will remain in place until it is revoked or the date on which the ACCC's final determination on the application comes into effect.
The granting of interim authorisation in no way binds the ACCC in its consideration of the substantive application for authorisation.
The ACCC will now seek submissions on the application from interested parties before issuing a draft determination.
Authorisation provides statutory protection from court action for conduct that might otherwise raise concerns under the competition provisions of the Competition and Consumer Act 2010.
Broadly, the ACCC may grant an authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment.
Further information, including a copy of the interim authorisation, is available from the Authorisation register.