The Australian Competition and Consumer Commission today issued a guide to resolution of disputes involving access to certain monopoly services under Part IIIA of the Trade Practices Act 1974.
Part IIIA of the Act sets out rules for businesses regarding access to infrastructure that is considered critical to competition in related markets, for example, railway tracks, water facilities and airport facilities.
This guide is targeted at owners and/or operators of infrastructure and parties seeking access to a declared facility and/or service but who are unable to agree on the terms and conditions of access. Where an access dispute exists, either party may, in certain circumstances, request the ACCC to resolve the dispute through arbitration. The guide explains the requirements for an access dispute, the process which the ACCC will likely adopt in an arbitration and the obligations on parties to the dispute.