Flinders Ports Pty Ltd - proposed joint venture with DP World (SA) Pty Ltd

Acquirer(s)

  • Flinders Ports Pty Ltd

Target(s)

  • DP World (SA) Pty Ltd

Summary

The ACCC decided not to oppose the proposed joint venture between Flinders Ports and DP World (SA) for the operation of the stevedoring facility located at the Outer Harbor Container Terminal at Port Adelaide, after it accepted a section 87B undertaking offered by Flinders Ports.

Market definition

Refer to Public Competition Assessment

Competition analysis

Refer to Public Competition Assessment

Undertakings

Undertaking On 9 September 2008, the ACCC accepted a section 87B undertaking from Flinders Ports in relation to its joint venture with DP World (SA). Broadly, this undertaking required Flinders Ports to: - notify the ACCC of any allocations of certain relevant land at Port Adelaide, and licences for container stevedoring at Port Adelaide; - delay settlement of any allocations of relevant land or container stevedoring licences until the ACCC has concluded a review and confirmed the outcome to Flinders Ports; and - provide written reports to the ACCC concerning approaches made to Flinders Ports by interested third parties seeking allocations of land or container stevedoring licences from Flinders Ports.

Variation On 29 April 2011 the ACCC accepted a variation to the section 87B undertaking given by Flinders Ports to take into account Flinders Ports' proposed acquisition of DP World (SA)'s interest in the joint venture. The variations were accepted on a confidential basis until the acquisition was completed and made public. Broadly, the variations: - adapt the obligations in the undertaking so that they are relevant to the new corporate relationship described above; - extend the term of the undertaking so that it will continue until it is withdrawn by Flinders Ports with the consent of the ACCC or revoked by the ACCC; - expand and clarify the types of proposed transactions of which Flinders Ports must notify the ACCC in advance; and - expand the scope of Flinders Ports' obligation to regularly report to the ACCC information in relation to certain requests received from third parties. The varied undertaking was published on 29 August 2012.

Timeline

DateEvent
24/04/2008ACCC commenced review under the Merger Review Process Guidelines.
28/04/2008Market inquiries commenced.
16/05/2008Closing date for submissions from interested parties.
30/05/2008ACCC awaiting further information from Flinders Ports. ACCC timeline suspended.
10/06/2008ACCC received further information from Flinders Ports. ACCC timeline recommenced.
18/06/2008ACCC published a Statement of Issues outlining preliminary competition concerns.
18/06/2008Former proposed date for announcement of ACCC's findings of 18 June 2008, amended to allow for receipt of responses to Statement of Issues.
02/07/2008Closing date for submissions relating to Statement of Issues.
11/07/2008ACCC requested further information from Flinders Ports. ACCC timeline suspended.
16/07/2008Former proposed date for announcement of ACCC's findings of 16 July 2008 amended to allow for further market inquiries.
21/07/2008ACCC received further information from Flinders Ports. ACCC timeline recommenced.
30/07/2008Former proposed date for announcement of ACCC's findings of 30 July 2008 amended to allow for further inquiries.
14/08/2008Draft 87B undertaking proffered by Flinders Ports. ACCC commenced market inquiries.
14/08/2008Former proposed date for announcement of ACCC's findings of 13 August amended to 3 September 2008 to allow for consultation on proposed draft 87B undertaking.
04/09/2008Former proposed date for announcement of ACCC's findings of 3 September 2008, amended to 10 September 2008 pending receipt of documents from Flinders Ports.
09/09/200887B undertaking accepted by ACCC. ACCC announced it would not oppose the proposed acquisition.