On 21 December 2020, 13 coal mining or coal project development companies which utilise the coal handing services provided by the Dalrymple Bay Coal Terminal (DBCT) lodged an application seeking authorisation for themselves and future users of the DBCT (the Applicants) to collectively bargain with Dalrymple Bay Coal Terminal Management Pty Ltd, now known as Dalrymple Bay Infrastructure Management Pty Ltd (DBIM). Authorisation was sought for:
(a) the collective negotiation by such existing and potential future users with the access provider, DBIM of the terms and conditions of access (principally pricing) relating to use of DBCT's coal handling service; and
(b) a potential collective arbitration if those negotiations fail to resolve the terms of access (the Proposed Conduct).
Authorisation was sought both for the named Applicants (and their successors, joint venturers and related bodies corporate) and for the benefit of any other future access seekers and access holders of DBCT.
Participation in the Proposed Conduct is voluntary and no collective boycott activity was proposed.
The Applicants sought authorisation until 30 June 2031.
On 5 March 2021, the ACCC granted interim authorisation, with a condition, so that the Applicants can commence engaging in the Proposed Conduct while the ACCC continued its assessment of the substantive application for authorisation.
On 17 June 2021, the ACCC issued a Determination granting authorisation, with a condition, until 30 June 2031. The Applicants are required to notify the ACCC of additional participants such as the Applicants’ successors, assignees, related bodies corporate and joint venture participants before these parties engage in the Proposed Conduct
A copy of the Determination is available via the link below.
|ACCC to Interested Parties re Draft Determination ( PDF 258.92 KB )||6 May 2021|
|ACCC to Interested Parties re Consultation Process ( PDF 351.87 KB )||22 Dec 2020|
|ACCC to Interested Parties re Final Determination ( PDF 249.75 KB )||17 Jun 2021|
|ACCC to DBIM re interim authorisation ( PDF 226.63 KB )||10 Mar 2021|
|ACCC to Dalrymple Bay Infrastructure Management ( PDF 247.82 KB )||5 Mar 2021|
|ACCC to Interested Parties re Interim Authorisation Decision ( PDF 249.17 KB )||5 Mar 2021|
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Submissions - before draft decision
|Applicant's response to DBIM submissions ( PDF 218.51 KB )||11 Mar 2021|
|Applicant's response to DBIM submissions ( PDF 227.25 KB )||2 Mar 2021|
|Dalrymple Bay Infrastructure Management Pty Ltd ( PDF 248.81 KB )||4 Mar 2021|
|Applicant's response to interested parties submissions ( PDF 280.84 KB )||25 Feb 2021|
|Queensland Competition Authority ( PDF 373.65 KB )||19 Feb 2021|
|Dalrymple Bay Infrastructure Management Pty Ltd ( PDF 999.58 KB )||12 Feb 2021|
|Applicant’s response to interested parties submissions ( PDF 352.27 KB )||5 Feb 2021|
|Dalrymple Bay Infrastructure Management Pty Ltd ( PDF 727.9 KB )||29 Jan 2021|
|BM Alliance Coal Operations Pty Limited ( PDF 433.44 KB )||22 Jan 2021|
|BHP Billiton Mitsui Coal Pty Ltd ( PDF 110.78 KB )||20 Jan 2021|
|Foxleigh Management Pty Ltd ( PDF 528.77 KB )||19 Jan 2021|
|DBI Managment ( PDF 209.16 KB )||23 Dec 2020|
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