Linfox Australia Pty Ltd on behalf of itself and its related bodies corporate

Summary

On 14 February 2022, the ACCC received an application for authorisation from Linfox Australia Pty Ltd, on behalf of itself and related bodies corporate, and other supply chain companies (together, the Participants) for coordination and prioritisation arrangements to facilitate the recovery of the major supply disruptions on the Trans-Australian Railway caused by the floods in South Australia.

Together with Linfox, the Participants were:

  • ALDI Stores
  • Coles Group Limited
  • Metcash Limited
  • One Rail Pty Ltd
  • Pacific National Pty Ltd
  • Toll Global Express Holdings Pty Ltd and
  • Woolworths Group Limited.

The Participants sought authorisation to enable collaboration to:

  • optimise the use of available freight space on the Trans-Australian railway, including by the use of other freight transport methods such as road, sea and air
  • prioritise supply and transport of the Critical Products into WA and the NT to ensure sufficient supply of those products were available for consumption by the WA and NT communities; and
  • prioritise supply and transport of the Critical Exports out of WA and the NT to ensure sufficient supply of those products were available for use by the relevant industries primarily in SA but also the Eastern States of Australia (especially where there were shortages of the Critical Exports),

(referred to as the Proposed Conduct).

Critical Products included essential food, groceries, and hygiene products; essential food stocks for animals; urgent medical supplies; goods to support freight services (such as spare parts for heavy vehicles); supplies for the operation of critical infrastructure; dangerous goods shipping containers; and any other goods identified as a priority by Governments. 

Critical Exports are goods that are mined or manufactured in WA or the NT, and transported from WA and the NT to the Eastern States, including: water and wastewater treatment supplies (such as aluminium sulphate); empty shipping containers; food stocks for animals; goods to support freight services; supplies for the operation of critical infrastructure; and any other goods identified as a priority by Governments.

Authorisation was sought to apply to any other parties that wished to participate in the Proposed Conduct and were notified to the ACCC (Other Participants).

On 15 February 2022, the ACCC granted urgent interim authorisation, with conditions, to enable the Participants to immediately engage in the Proposed Conduct, prior to the ACCC’s final determination. A copy of the interim authorisation decision is available below.

On 6 May 2022, the Applicants withdrew their application for authorisation. Consequently, the interim authorisation granted on 15 February 2022 is no longer in effect. Please see ‘Applicant to ACCC re Withdrawal of Application’ below for further details.

Applicant(s)

  • Linfox Australia Pty Ltd

Authorisation number(s)

  • AA1000603-1