Waterfront & shipping

ACCC investigates Qube's completed acquisition of Newcastle Agri Terminal

The ACCC will conduct an investigation into potential competition issues arising from Qube’s (ASX: QUB) completed acquisition of the Newcastle Agri Terminal. As the investigation relates to a completed acquisition it will be conducted on an enforcement basis.

Qube notified the ACCC on 8 September 2021 and then completed the transaction on 30 September, despite requests from the ACCC to delay completion of the transaction after competition concerns were raised by market participants.

Privatise for efficiency, or not at all

Privatising assets without allowing for competition or regulation creates private monopolies that raise prices, reduce efficiency and harm the economy, ACCC Chair Rod Sims said in a speech on Thursday.

Speaking at the 2021 ACCC/AER Regulatory Conference, Mr Sims discussed the need to either avoid monopolies, or if not then regulate them, to prevent costs to the economy arising from unfettered use of their market power.

Mr Sims put forward two possible solutions to avoid privatisations creating future unfettered private monopolies.

Court dismisses ACCC case against NSW Ports

The Federal Court has dismissed the ACCC’s proceedings against NSW Ports Operations Hold Co Pty Ltd and its subsidiaries Port Botany Operations Pty Ltd and Port Kembla Operations Pty Ltd (together: NSW Ports).

The proceedings concerned agreements, known as Port Commitment Deeds, which were entered into as part of the privatisation of Port Botany and Port Kembla by the NSW Government in May 2013, for a term of 50 years.

Container stevedoring monitoring report 2019-20

The 2019-20 container stevedoring monitoring report presents information on the financial and operational performance of the monitored container stevedores, as well as observations regarding key developments within the sector.

Coal producers can collectively negotiate with Port of Newcastle

The ACCC has granted interim authorisation to the NSW Minerals Council and 10 coal producers to collectively negotiate with Port of Newcastle Operations (PNO) on terms and conditions of access to the port for coal exports, including prices.

The 10 coal producers that export coal through the Port of Newcastle are Glencore Coal, Yancoal Australia, Peabody Energy Australia, Bloomfield Collieries, Centennial Coal, Malabar Coal, Whitehaven Coal, Hunter Valley Energy Coal, Idemitsu Australia, and MACH Energy Australia.

ACCC appeals decision on user funding at the Port of Newcastle

The ACCC has applied to the Federal Court for a review of the Australian Competition Tribunal’s recent decision on the terms of access by Glencore Coal Assets Australia Pty Ltd (Glencore) to certain services at the Port of Newcastle.

The Tribunal re-arbitrated an access dispute between Glencore and Port of Newcastle Operations Pty Ltd (PNO), which was primarily about the charge for ships entering the port to export Glencore’s coal. The ACCC was the original arbitrator.

Container stevedoring monitoring report 2018-19

The 2018-19 container stevedoring monitoring report presents information on the financial and operational performance of the monitored container stevedores, as well as observations regarding key developments within the sector.