Babcock & Brown Infrastructure - s.87B undertaking

On 8 August 2007 Babcock & Brown Power Limited, Babcock & Brown Power Services Limited in its capacity as trustee of the Babcock & Brown Power Trust, Babcock & Brown Infrastructure Limited and Babcock & Brown Investor Services Limited as trustee for the Babcock & Brown Infrastructure Trust offered undertakings to the ACCC in connection with the parties' proposed acquisition of Alinta Limited.

Under the proposed acquisition Alinta’s gas and electricity assets, a 35% interest in the Australian Pipeline Trust, and shares in Australian Pipeline Limited, will be allocated between Singapore Power and Babcock and Brown funds.

The undertakings require the Babcock and Brown Infrastructure Fund to ensure that information relating to the operation of the Dampier to Bunbury Natural Gas Pipeline in Western Australia is not disclosed to other Babcock and Brown entities including the Babcock and Brown Power Fund.

The Babcock and Brown Power Fund operates energy businesses that obtain gas supply from the Dampier to Bunbury Pipeline and which compete against other businesses who also rely upon the pipeline for their supplies of gas.

A Public Competition Assessment is available in the Mergers section of the ACCC's website.

On 29 March 2011 Alinta Energy (previously Babcock & Brown Power Limited and now Redbank Energy Limited) completed a corporate restructure and Redbank ceased to hold any interest in a Downstream Business (as defined in the Undertaking). Accordingly, the Undertaking given by Babcock & Brown Infrastructure Limited  and Babcock and Brown Power has terminated.