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ARTICLE · 08 JUNE 2016

The National Access Regime still has teeth

Corrs Chambers Westgarth
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The Tribunal's decision reminds infrastructure investors, owners and users that the National Access Regime has teeth.

AustraliaAntitrust/Competition Law
Thomas Jones (Formerly With Corrs Chambers Westgarth)
Thomas Jones (Formerly With Corrs Chambers Westgarth)
Carly Chenoweth
Carly Chenoweth
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Earlier this week, the Australian Competition Tribunal (Tribunal) decided that the shipping channel and wharfage service (the Wharfside Service) at the Port of Newcastle (Port) should be declared under Part IIIA of the Competition and Consumer Act 2010 (Cth). The Tribunal's decision represents a victory for Glencore Coal Pty Ltd (Glencore) in its battle against price increases at the Port. It also reminds infrastructure investors, owners and users that the National Access Regime still has teeth.

BACKGROUND

As set out in A bow wave of reform at our ports? and What does Glencore's Tribunal application mean for infrastructure investors? Glencore applied to the National Competition Council (NCC) for declaration of the Wharfside Service in May 2015. Following the recommendation of the NCC, Acting Treasurer Mathias Cormann decided not to declare the Wharfside Service. Glencore applied to the Tribunal for review of the Minister's decision on 29 January 2016. The

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