Description of Conduct

Port of Townsville Limited on behalf of itself and Far North Queensland Ports Corporation (the Applicants), seek authorisation until 30 June 2024 to jointly procure, negotiate and contract for towage services for the ports of Cairns, Mourilyan, Lucinda and Townsville (Ports). The Applicants also seek interim authorisation for this conduct.

On 4 August 2016, the ACCC granted interim authorisation to the Applicants to jointly procure, negotiate and contract for towage services for the Ports. No new towage licence(s) or berth licences will become effective unless the ACCC grants final authorisation.

On 9 December 2016, the ACCC granted authorisation until 30 June 2024.

The ACCC understands it is the Applicants intention to grant exclusive licences for the provision of towage services at the ports, following the tender process. This conduct is not included in this application for authorisation. The parties have lodged separate notifications seeking statutory protection for any third line forcing conduct that might arise in requiring port users to acquire towage services from the holder of an exclusive licence (or licences) issued by the Applicants. The ACCC is not proposing to take any further action on these notifications at this time and has issued a Statement of Reasons in relation to the notifications which is available at: http://registers.accc.gov.au/content/index.phtml/itemId/1196199/fromIte….

Applicant(s)

  • Far North Queensland Ports Corporation Limited
  • Port of Townsville Limited

Authorisation number(s)

  • A91545

Applications

Document title Date
Received

Submissions - after draft decision