Competition issues in resources projects: sharing infrastructure

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 among competitors of price matters, non-price matters and capacity allocation.

Users therefore risk breaching the cartel provisions, the exclusionary provisions, the secondary boycott provisions and the anti-competitive agreement provisions in the Competition and Consumer Act 2010 (Cth). Users may apply to the Australian Competition and Consumer Commission (ACCC) for authorisation of discussions and agreements that may breach the act.

This article outlines key competition issues that may arise in sharing infrastructure and seeking authorisation to collectively negotiate and make agreements…

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