Australian Amalgamated Terminals Pty Ltd, Melbourne International RoRo & Auto Terminal Pty Ltd, and Qube Holdings Limited

On 10 April 2025, the ACCC announced that it had accepted a court-enforceable undertaking given by Australian Amalgamated Terminals Pty Ltd (AAT), Melbourne International RoRo & Auto Terminal Pty Ltd (MIRRAT) and Qube Holdings Limited (Qube) pursuant to s87B of the Competition and Consumer Act 2010 (Cth) (the Undertaking) in connection with AAT’s (Qube’s) proposed acquisition of MIRRAT (the MIRRAT Acquisition).

MIRRAT is currently owned by Wallenius Wilhelmsen Logistics and operates Webb Dock West subject to a section 87B undertaking (MIRRAT Undertaking).

The Undertaking addresses the ACCC’s competition concerns with AAT’s (Qube’s) proposed acquisition of MIRRAT. The Undertaking also covers the ACCC’s competition concerns with AAT’s (Qube’s) acquisition of 100 per cent of AAT in 2016 (2016 Transaction), which resulted in Qube and AAT giving a s87B Undertaking in 2016 (2016 Undertaking).

As a result of the 2016 Transaction and the MIRRAT Acquisition, AAT will operate all of the following:

• an automotive and/or RoRo terminal at Port Kembla in New South Wales (Port Kembla Terminal);
• an automotive and/or RoRo terminal at Fisherman Islands in Queensland (Brisbane Terminal); and
• two terminals at the Port of Melbourne (Melbourne Terminals):
  • Webb Dock West; and
  • Appleton Dock.

(each a Terminal).

The Undertaking is intended to replace the 2016 Undertaking as varied on 25 June 2018, and the MIRRAT Undertaking.

In the absence of the Undertaking, the ACCC was concerned that AAT, MIRRAT and/or Qube may have the ability and incentive to engage in conduct at Webb Dock West as a result of the MIRRAT Acquisition, and at the Port Kembla Terminal, Brisbane Terminal and Appleton Dock as a result of the 2016 Acquisition, that substantially lessens competition in markets for the supply of automotive stevedoring and/or PDI services.

Given the MIRRAT Acquisition would result in AAT controlling and directing all major automotive/RoRo terminals along the east coast, the ACCC was also concerned that Qube and/or AAT would have the ability and incentive to engage in foreclosure conduct across multiple Terminals. The ACCC was concerned that the concurrent or cumulative result of such conduct would have the effect, or be likely to have the effect, of substantially lessening competition in the supply of downstream automotive stevedoring services and/or PDI services at multiple ports.

Copies and descriptions of the 2016 Undertaking and MIRRAT Undertaking can be found as separate entries on the ACCC’s s87B undertakings register.

Objective of the Undertaking

The objective of the Undertaking is to address the ACCC’s competition concerns as outlined at clause 2.3 and the competition concerns that may arise during the term of the Undertaking in relation to the operation of the Terminals. To achieve this objective, the Undertaking:

• establishes a non-discriminatory open access regime for all users of the Terminals, to govern the management and operation of the Terminals for the full duration of the Undertaking;
• establishes a framework to ensure that any Charge implemented by AAT and MIRRAT is reasonable and appropriate having regard to the principles set out in the Undertaking, including to assess whether any new tariff is a Charge under the Undertaking;
• ensures the Undertaking obligations are ongoing, fit for purpose and achieve an effective, improved non-discriminatory open access framework for the full duration of the Undertaking, by including in the Undertaking a review mechanism to ensure the Undertaking obligations can be reviewed and amended where any changes in circumstances occur that may impact the effectiveness of those obligations; and
• ensures that there are effective mechanisms for the ongoing monitoring, compliance, and enforcement of compliance issues with the Undertaking.