The Australian Competition and Consumer Commission has warned all participants in the waterfront and shipping industries of their obligations to comply with the provisions of the Trade Practices Act.
"The ACCC is monitoring behaviour in these sectors", ACCC Chairman Professor Allan Fels said today, speaking at an industry conference on compliance with the law in Sydney.
"The ACCC is ready to act in the public interest to enforce the primary and secondary boycott provisions of the Trade Practices Act, if necessary.
"Section 45D of the Act prohibits boycotts which have the purpose, and would have or be likely to have the effect of, causing substantial loss or damage, a substantial lessening of competition or preventing or substantially hindering trade or commerce," he said. "Section 45E prohibits contracts, arrangements or understandings which have the purpose of preventing or hindering the supply or acquisition of goods or services. Section 45 prohibits anti-competitive agreements generally.
"The ACCC has been monitoring events at Webb Dock and has had contact with major players. In the current circumstances there is potential for persons or organisations involved in the industry to engage in activity, especially boycott activity, which may breach the Act.
"In particular, members of the industry should be aware of the law, especially the above provisions, and, for example, avoid: involving themselves in the unlawful withdrawal of services to a ship or stevedore; unlawfully inducing other persons or organisations not to supply goods or services to a ship or stevedore; or unlawfully hindering the transport of goods to and from ports where any of these actions are in breach of sections 45D and E or any other provisions of the Act.
"The ACCC will enforce the boycott provisions of the Act in the same manner as it would enforce the Act against other anti-competitive practices.
"The ACCC is continuing its investigations of other waterfront issues including hold-cleaning demands, the existence of alleged exclusionary agreements between shippers, terminal operators and employee organisations, and some other matters.
"Whilst the ACCC investigates complaints from industry, it is worth noting that whether or not it receives complaints the ACCC can independently initiate investigations into breaches of the Act. A prerequisite for legal action, however, is market information and evidence. Industry participants who are concerned at breaches of the Act can bring forward such information and evidence to the ACCC on a confidential basis or any other basis, and the ACCC will consider whether it provides grounds for legal action.
"The ACCC also has power under Section 155 of the Act to require, where it believes that there may have been a contravention of the Act, persons or organisations to provide documents or other evidence or to answer questions that would assist the ACCC in determining whether there have been any breaches of the law."
