The Australian Competition and Consumer Commission invites submissions from participants in the wheat export industry on proposed undertakings lodged by Co-operative Bulk Handling Ltd, GrainCorp Operations Limited and ABB Grain Ltd relating to access to port terminal services for bulk wheat export at each of the export terminals they operate.
The proposed undertakings set out the terms and conditions under which CBH, GrainCorp and ABB propose to provide access to port terminal facilities for the export of bulk wheat. CBH, GrainCorp and ABB are obliged to have access arrangements in place by 1 October 2009 in order to retain accreditation to export bulk wheat under the Wheat Export Marketing Act 2008.
Each of the proposed undertakings provides for, amongst other matters:
- a negotiate/arbitrate model in relation to price and non-price terms
- obligations regarding non-discrimination in the provision of port terminal services
- obligations regarding port terminal capacity management, including the shipping stem, and
- ring-fencing obligations providing for restrictions on information flows.
The ACCC is assessing the proposed undertakings in accordance with the criteria under Part IIIA of the Trade Practices Act 1974.
The ACCC has also published an Issues Paper asking for comment on specific aspects of the proposed undertakings. The proposed undertakings, Issues Paper and other relevant documents are available on the ACCC website by following the links to For regulated industries and Wheat Export.
The ACCC invites submissions from interested parties by Friday 29 May 2009. ACCC staff will visit Brisbane, Sydney, Melbourne, Adelaide and Perth during May to meet with interested parties; please refer to the ACCC's website for details. Other details on the ACCC's process are set out in the Issues Paper.
The undertakings relate to export terminals at:
- Western Australia: Albany, Esperance, Geraldton and Kwinana
- South Australia: Port Adelaide, Outer Harbour, Port Giles, Wallaroo, Port Lincoln and Thevenard
- Queensland: Fisherman Island, Gladstone and Mackay
- New South Wales: Carrington and Port Kembla
- Victoria: Geelong and Portland.