Dalrymple Bay Coal Producers collective negotiation with DBCT Management

Summary

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 is 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 is 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 is proposed.

The Applicants seek authorisation until 30 June 2031.

On 5 March 2021, the ACCC granted conditional interim authorisation so that the Applicants can commence engaging in the Proposed Conduct while the ACCC continues its assessment of the substantive application for authorisation. Interim authorisation is granted subject to the Applicants notifying 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 Interim Authorisation Decision is available via the link below.

The ACCC will progress its assessment of the application in a timely manner. An indicative timetable is set out below for your information.

Indicative date

Stage in assessment process

21 December 2020

Lodgement of application.

22 December 2020

Public consultation process begins.

29 January 2021

Closing date for submissions on interim authorisation.

12 February 2021

Applicants respond to issues raised in the public consultation process.

12 February 2021

Closing date for submissions on substantive application.

5 March 2021

ACCC decision regarding interim authorisation.

April 2021

Draft determination.

June 2021

Final determination.

Applicant(s)

  • Glencore Coal Assets Australia Pty Limited
  • Whitehaven Coal Mining Limited
  • Peabody Energy Australia PCI (C&M Management) Pty Ltd
  • Peabody Energy Australia Pty Ltd
  • Anglo American Metallurgical Coal Pty Ltd
  • BHP Billiton Mitsui Coal Pty Ltd
  • BM Alliance Coal Operations Pty Limited
  • Clermont Access Pty Ltd
  • Fitzroy Australia Resources Pty Ltd
  • Foxleigh Management Pty Ltd
  • Pembroke Olive Downs Pty Ltd
  • Stanmore IP Coal Pty Ltd
  • South32 Eagle Downs Pty Ltd

Authorisation number(s)

  • AA1000541-1