ACCC appeals Federal Court’s findings in NSW Ports competition case

The Australian Competition and Consumer Commission (ACCC) has appealed the Federal Court’s decision to dismiss its proceedings against NSW Ports Operations in favour of Port of Newcastle’s aim to develop a container terminal.

Currently, the port’s ambitions of diversifying away from coal are impeded by laws that limit container movements in Newcastle, which it claims were put in place by the NSW government to enhance the sale of Port Botany and Port Kembla.

The ACCC launched proceedings in the Federal Court on the grounds that such restrictions are illegal and anti-competitive.