Description of Conduct
On 28 September 2018, Central Highlands Regional Council and Isaac Regional Council (the Applicants) applied for authorisation to jointly procure services for the collection of kerbside and bulk bin waste and recyclables for domestic and commercial premises; the collection of public waste and recyclables; and the collection of waste located at council facilities. The Applicants sought authorisation for 10 years and aim to enter contracts by October 2019.
On 24 October 2018, the ACCC granted interim authorisation, commencing immediately, to enable the Applicants to begin preparations for the joint tender process for waste collection services. Interim authorisation did not extend to entering into any contracts.
On 14 November 2018, the Applicants amended the application to also seek authorisation to continue to engage in the conduct authorised by the ACCC in 2008 under application for authorisation A91087, from the expiry of authorisation A91087 on 31 December 2018 until 4 October 2019 when the Applicants’ current contract for waste collection expires.
On 17 December 2018, the ACCC issued a draft determination proposing to grant authorisation to enable the Applicants to jointly tender and contract for waste collection services until 4 October 2029. The ACCC also proposed to authorise the Applicants to continue to give effect to their current contract until it expires on 4 October 2019, and granted them interim authorisation to continue to give effect to the current contract beyond 31 December 2018 until the date the ACCC’s final determination comes into effect. The ACCC received one submission in response to the draft determination, which was from the Applicants. A pre-decision conference was not called.
On 31 January 2019, the ACCC issued a determination authorising the Applicants to jointly tender, and enter into a contract or contracts, for the acquisition of waste collection services until 4 October 2029. The ACCC also granted authorisation for the Applicants to continue giving effect to their current contract until 4 October 2019.
The Applicants have indicated they intend to engage in some aspects of this procurement process jointly, some on an individual basis, and other activities they will decide whether to engage in together once tenders have been evaluated. Authorisation enables the Applicants to engage in such activities jointly, should they decide to do so.
Further information about the ACCC’s decision is available in the Decisions section below.
- Isaac Regional Council
- Central Highlands Regional Council
Submissions - after draft decision