The Australian Competition Tribunal overturns the Competition Authority and gives coal exporter the right to access shipping port (Glencore Coal / Port of Newcastle)

Glencore Coal Pty Ltd (Glencore) has been successful in its bid to have the shipping channel at the Port of Newcastle (Port) declared under the national access regime in Part IIIA of the Competition and Consumer Act 2010 (Cth) (NAR). The Australian Competition Tribunal (Tribunal) followed the precedent set by the Full Federal Court in Sydney Airport Corporation v Australian Competition Tribunal in relation to one of the key criteria in the NAR and held that ‘declaring’ the shipping channel at the Port would promote a material increase in competition in the coal export market. This is a significant case in which the Tribunal confirms that, when determining whether services should be ‘declared’, the correct approach is to compare the effect on competition with and without access to those

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Authors

  • Herbert Smith Freehills (Sydney)
  • Jones Day (Melbourne)

Quotation

Richard Robinson, Matthew Bull, The Australian Competition Tribunal overturns the Competition Authority and gives coal exporter the right to access shipping port (Glencore Coal / Port of Newcastle), 31 May 2016, e-Competitions May 2016, Art. N° 93536

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