Water Services Association of Australia Limited

On 13 December 2023, the Water Services Association of Australia (WSAA) applied on behalf of itself and current and future WSAA Members (together, the Participants) for authorisation to engage in conduct for the purpose of improving the resilience of the supply chain of gaseous chlorine in Australia.

The WSAA is seeking authorisation for the Participants to engage in the following activities for the purposes of improving security of supply of gaseous chlorine in Australia for the Australian water authorities:

1. collective negotiation with suppliers to import gaseous chlorine into Australia;
2. collective negotiation with suppliers of chlor-alkali products to construct a new gaseous chlorine bottling and drumming facility in Australia, including collective negotiation of supply contracts;
3. sharing information about the volume of gaseous chlorine required by Current or Future WSAA Members or the price of acquiring gaseous chlorine for the purposes of (a) and (b) above; and
4. giving effect to contracts recording any terms collectively negotiated under (a) or (b) above

the Proposed Conduct).

On 15 April 2024, the ACCC issued a draft determination proposing to grant authorisation for a period of 5 years. The ACCC also granted interim authorisation to enable the Participants to begin negotiations and information sharing for the purpose of improving security of supply of gaseous chlorine in Australia, but not give effect to any contracts, while the ACCC is considering the substantive application.

The ACCC invites the views of interested parties on the draft determination, which are requested by 3 May 2024. If you wish to make a submission in relation to this matter, please lodge it via this web form.

An indicative timeline for the ACCC’s assessment is set out below.