Competition issues in resources projects - Sharing infrastructure

INTRODUCTION

Users of open access supply chains frequently seek to collectively negotiate various arrangements between themselves and with the supply chain operator. These negotiations and subsequent agreements often involve discussions amongst competitors of price matters, non-price matters and capacity allocation. Users therefore risk breaching the cartel provisions, exclusionary provisions, secondary boycott provisions and the anticompetitive agreement provisions in the Competition and Consumer Act 2010 (Cth) (Act). Users may apply to the Australian Competition and Consumer Commission (ACCC) for authorisation of discussions and agreements which may breach the Act.

KEY COMPETITION ISSUES