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ARTICLE · 30 SEPTEMBER 2012

Sharing is caring: Third party access to infrastructure clarified by High Court

Clayton Utz
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Access to essential infrastructure can only be granted if it is not profitable to develop an alternative facility.

AustraliaFinance and Banking
Michael Corrigan
Michael Corrigan
Sian-Lee Ooi
Sian-Lee Ooi
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Key Points:

Access to essential infrastructure can only be granted if it is not profitable for another person to develop an alternative facility.

The High Court's recent decision in The Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal [2012] HCA 36 has clarified the rules and the processes governing third party access to essential infrastructure.

This was the latest decision in Fortescue's eight year battle to gain access to rail lines in the Pilbara, owned by BHP Billiton and Rio Tinto. However, this is not the end of the matter as the High Court has now sent it back to the Australian Competition Tribunal for "determination according to law".

What is the role of the Australian Competition Tribunal?

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