The Australian Competition Tribunal ‘undeclares’ third party access for rail lines company applying ‘private profitability’ test to 44H(4)(b) (The Pilbara Infrastructure Pty)

On 8 February 2013 the Australian Competition Tribunal (Tribunal) handed down its decision in Applications by Robe River Mining Co Pty Ltd and Hamersley Iron Pty Ltd. This brought to an end a long running legal dispute over third party access to Rio Tinto's rail lines in the Pilbara region of Western Australia. Background: Access to essential facilities in Australia Under Australian law owners and operators of infrastructure can be required to allow third parties access to their facilities if their use is 'declared' by a designated minister (the Federal Treasurer). Infrastructure can only be declared for access if five criterion are met. Briefly, this requires that [1] (a) access would promote a material increase in competition in at least one dependent market; (b) it would be

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  • Deakin University (Geelong)

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Julie Clarke, The Australian Competition Tribunal ‘undeclares’ third party access for rail lines company applying ‘private profitability’ test to 44H(4)(b) (The Pilbara Infrastructure Pty), 8 February 2013, e-Competitions Bulletin February 2013, Art. N° 51089

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