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


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