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ARTICLE · 15 AUGUST 2013

Competition issues in resources projects: exclusivity in supply chains

DLA Piper Australia
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Owners and users constantly look to improve the efficiency of the supply chain and to increase supply chain throughput.

AustraliaAntitrust/Competition Law
Simon Uthmeyer
Simon Uthmeyer
Alec White
Alec White
Nicole Smith
Nicole Smith

INTRODUCTION

Mining projects require rail and port access to get the resource from the mine to the export market. Owners and users alike are constantly looking for ways to improve the efficiency of the supply chain and to increase supply chain throughput. Often, these outcomes require the operator to maintain or increase its level of control over the supply chain.

In devising ways to improve the efficiency of supply chains or to increase control, owners, operators and users must be careful not to breach the anti-competitive provisions of the Competition and Consumer Act 2010 (Cth) (Act), particularly the prohibitions against misuse of market power, exclusive dealing and third line forcing.

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