The ACCC has released a draft determination proposing to grant authorisation to enable Toowoomba Regional Council and Western Downs Regional Council to jointly prepare and advertise a request for tender (RFT) for waste and recyclables collection, bulk haulage and processing services.
The councils will not engage in any joint activity after the tenders are received. Each council will separately evaluate tenders from service providers, and separately negotiate and enter into individual contracts with the successful tenderers.
The ACCC considers that jointly preparing and advertising the RFT is likely to result in public benefits in the form of reduced transaction costs for the councils and service providers, and some increased competition between service providers. The ACCC considers that the proposed conduct is likely to result in minimal public detriment.
The ACCC has decided to grant interim authorisation to enable the councils to commence discussions and preparation of the tender process while the ACCC is considering the substantive application. Interim authorisation does not extend to the councils releasing the formal RFT.
The ACCC invites submissions in relation to this draft determination by 30 August 2021 before it makes its final decision.
Further information about the ACCC’s interim authorisation decision and draft determination is available on the ACCC public register atToowoomba Regional Council and Western Downs Regional Council