The Australian Competition and Consumer Commission has been asked by lawyers acting for the Maritime Union of Australia for 24 hours further time to respond to the ACCC's letter regarding the International Transport workers Federation. The ACCC has accepted this request, the ACCC Chairman, Professor Allan Fels, said today.
'The ACCC is currently investigating a number of competition issues notably on the product market side of the waterfront,' he said. 'It has been investigating for some time the contractual arrangements between Patrick and Producers and Consumers Stevedores [the NFF stevedoring operation]. In particular, the focus has been on whether there are any anticompetitive elements in the lease that raise concerns under the Trade Practices Act and/or any side agreements associated with the lease.
'It is also investigating possible anticompetitive issues arising from agreements between Patrick and the former Port of Melbourne Authority which came to light during the OOCL litigation and related matters and implications for further new competitors on the Melbourne waterfront. 'Work on both these issues which are inter-related has been progressing for some time. The first issue has progressed by means of examination of the lease itself, questioning of the parties and investigation of surrounding circumstances.
Regarding the second issue, the ACCC has been investigating this for some time subject to early complications in obtaining material before the Supreme Court of Victoria but has recently been able to advance this investigation more substantially. 'The ACCC is also investigating claims of an agreement or understanding between P & O and Patrick of 'no poaching' of each other's customers during industrial disputes.
'The ACCC is also investigating alleged links of the Australian Wheat Board and the ITF. 'The ACCC remains committed to applying the Act without fear or favour to all participants of the waterfront. Where the ACCC receives or becomes aware of allegations or complaints about possible anticompetitive behaviour by any party it investigates the same.'