Open season on access - implications of declaration of the Port of Newcastle

Australian Competition & Regulation Update

Competition and Market Regulation Update

On 31 May 2016, the Australian Competition Tribunal granted Glencore’s appeal and declared a service involving the use of the shipping channel at the Port of Newcastle. The Tribunal’s reasons radically alter the application of access law in Australia, as compared with the National Competition Council's (NCC) approach, making it far easier for access seekers to have monopoly infrastructure declared. Declaration confers on access seekers the ability to obtain access to the infrastructure on terms set by the Australian Competition & Consumer Commission (ACCC) following an arbitration.