Description of Conduct

On 2 April 2021, Toowoomba Regional Council (TRC) and Western Downs Regional Council (WDRC) (the Applicants) lodged an application for authorisation for three years to jointly prepare and advertise a request for tender (RFT) for waste and recyclables collection services, bulk haulage services and processing services. The Applicants are not proposing to engage in any joint activity after the tenders are received, as each council will separately evaluate tenders and separately negotiate and enter into individual contracts with the successful tenderers. The Applicants have requested interim authorisation to allow them to commence discussions and prepare the RFT.

On 16 August 2021, the ACCC released its draft determination proposing to grant authorisation for three years.

At the time of the draft determination, the ACCC also granted interim authorisation to the Applicants to commence discussions and prepare the RFT. Interim authorisation does not extend to the councils releasing the formal RFT.

On 23 September 2021, the ACCC decided to grant authorisation until 15 October 2024 for the conduct sought. If no application for review of the determination is made to the Australian Competition Tribunal by 14 October 2021, it will come into force on 15 October 2021.

Applicant(s)

  • Toowoomba Regional Council
  • Western Downs Regional Council

Authorisation number(s)

  • AA1000550-1