Dalrymple Bay Coal Producers collective negotiation with DBCT Management

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.