Australian competition and regulation update: Port and rail infrastructure operators and users

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In this update we touch on recent events in the competition and regulation space of relevance to port and rail infrastructure owners and access seekers, being:

  • a recent decision of the Australian Competition Tribunal on rate of return and gamma
  • the Australian Competition & Consumer Commission's current focus on seeking to reform the regulation of monopoly infrastructure, including ports and railways 
  • the status of Glencore Coal's application for declaration of the Port of Newcastle
  • a recent decision of the Western Australia Court of Appeal clarifying access proposal requirements under the Railways (Access) Code
  • a review of ring fencing guidelines being undertaken by the Australian Energy Regulator

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