Australian competition authority acts against “anti-competitive and illegal” NSW Ports agreement

The Australian Competition and Consumer Commission (ACCC) has instituted proceedings against NSW Ports for “anti-competitive and illegal” agreement provisions likely to hinder the Newcastle container terminal development.

As part of the privatisation of Port Botany and Port Kembla, the New South Wales (NSW) government in 2013 entered into port commitment deeds for a term of 50 years.

As part of these deeds, the state of NSW is required to compensate the operators of the two ports if container traffic at the Port of Newcastle is above a minimal specified cap.