AdBlue Manufacturers and Distributors

Summary

On 21 October 2022, Brenntag Australia Pty Ltd (Brenntag) applied to revoke authorisation AA1000598 and substitute authorisation AA1000622 (re-authorisation). Brenntag applied on behalf of itself, other AdBlue manufacturers listed in the application, and other industry participants (together, the Parties) to continue to share information and collaborate to obtain adequate supply of refined urea to ensure sufficient supply of diesel exhaust fluid (DEF) – also known as AdBlue – for Australian consumption and the prioritised distribution of refined urea and DEF, should shortages emerge.

Brenntag seeks re-authorisation for the Parties to propose, discuss, enter into or give effect to any contract, arrangement or understanding between them, or engage in any conduct, where the contract, arrangement, understanding or conduct has the purpose of securing adequate supplies of refined urea; promoting adequate production of DEF for the Australian market; ensuring security of supply of refined urea and DEF for Australian businesses and consumers; or prioritising access to refined urea and DEF as necessary, including by:

  • sharing commercially sensitive information (for example, relating to stock levels, supply channels and manufacturing opportunities), but not relating to price
  • facilitating or ensuring the acquisition and/or supply of refined urea or DEF
  • prioritising access to refined urea and DEF according to need (for example, to particular geographical areas or consumers) as directed by the Australian Government
  • collaborating on the production of DEF, and
  • implementing sales limits (to be applied uniformly across all purchasers).

Re-authorisation is sought for four years.

On 24 November 2022, the ACCC granted urgent interim authorisation with conditions so that the Parties can continue to engage in the conduct authorised in AA1000598 while the substantive application for re-authorisation is being assessed by the ACCC.

An indicative timetable for the ACCC’s assessment is set out below.

Indicative date

Stage in assessment process

21 October 2022

Lodgement of application.

27 October 2022

Public consultation process begins.

4 November 2022

Closing date for submissions from interested parties on the request for interim authorisation.

11 November 2022

Closing date for submissions from interested parties on the application for substantive re-authorisation.

24 November 2022

The ACCC granted interim authorisation with conditions.

January/February 2023

ACCC draft determination on the substantive application for re-authorisation.

February 2023

Public consultation on the draft determination including any conference if called.

March 2023

Final determination.

Applicant(s)

  • Brenntag Australia Pty Ltd

Authorisation number(s)

  • AA1000622-1