Description of Conduct
On 22 December 2021, the ACCC received an application for authorisation from Barwon South West Waste and Resource Recovery Group (Barwon SW WRRG) and Moyne Shire Council, Corangamite Shire Council, Borough of Queenscliffe, City of Greater Geelong, Surf Coast Shire Council and Glenelg Shire Council (the Councils) (together, the Applicants). The Applicants are seeking authorisation to allow the Councils to engage in collaborative tendering managed by Barwon SW WRRG for e-waste services. This may include ongoing joint contract management and administration after the contracts are awarded, with or without, Barwon SW WRRG.
The ACCC granted interim authorisation on 17 February 2022 to enable the Applicants to finalise the request for tender documentation, issue the request for tender and commence the evaluation and negotiations with preferred tenderers while the ACCC is considering the substantive application. Interim authorisation does not extend to the Councils entering into contracts with suppliers of e-waste collection services.
The ACCC also issued a draft determination on 17 February 2022 proposing to grant authorisation for nine years and six months.
On 23 March 2022, the ACCC issued a final determination granting authorisation until 14 October 2031. If no application for review is lodged to the Australian Competition Tribunal, the ACCC’s determination will come into force on 14 April 2022.
Copies of the ACCC’s final determination, draft determination and interim authorisation and of the application for authorisation are available below.
- Moyne Shire Council
- City of Greater Geelong
- Glenelg Shire Council
- Borough of Queenscliffe
- Barwon South West Waste and Resource Recovery Group
- Corangamite Shire Council
- Colac Otway Shire
- Surf Coast Shire Council
|ACCC to Interested Parties re Final Determination|