Implications of 2019 Port of Newcastle access decision

Just over a year ago, on 24 September 2019, the Treasurer revoked the declaration of the shipping channel service at the Port of Newcastle. This followed recommendations by the National Competition Council and is the first test of the new (post Nov-2017) Part IIIA declaration criteria.

Corrs Chambers Westgarth have recently published some commentary on the future of access regimes for non-vertically integrated monopolies in light of this decision.

• Corrs Chambers Westgarth, The future of access regimes for non-vertically integrated monopolies (15 October 2020)

Background

• Clayton Utz (Paul Burton and Sian-Lee Ooi), ‘What must you demonstrate when seeking infrastructure access? The National Competition Council clarifies the principles‘ (3 October 2019)

• Matthew Stevens, ‘Reform needed after Newcastle freed from ACCC shadow’ (AFR, 1 October 2019)

• Mathew Dunkley, ‘‘Bad for the economy’: ACCC warning over coal port move’ (SMH, 30 September 2019)

• Michael Parris, ‘Treasurer Josh Frydenberg backs return to deregulated Newcastle Port’ (Newcastle Herald, 24 September 2019)

For official documents/releases see:

• Treasurer, ‘The Port of Newcastle’ (24 September 2019)

• National Competition Council Recommendation (22 July 2019)

• Port of Newcastle, ‘Port of Newcastle welcomes the revocation of the declaration of service’ (8 October 2019)