Freight & Trade Alliance (FTA) and the Australian Peak Shippers Association (APSA) last night (19 July 2018) received advice from the Australian Competition and Consumer Commission (ACCC) in relation to the review of Pacific National's proposed acquisitions of Aurizon's intermodal assets; agreements associated with those acquisitions; and Aurizon's exit from interstate intermodal operations.
The ACCC has decided to oppose the proposed acquisitions of Aurizon's Queensland Intermodal Business and the Acacia Ridge Terminal by Pacific National because they would be likely to have the effect of substantially lessening competition.
The ACCC has instituted proceedings in the Federal Court in respect of these proposed acquisitions. It is also alleged that Pacific National and Aurizon reached an anti-competitive understanding that led to Aurizon exiting its intermodal business through a combination of closure and transactions with Pacific National, and that the Terminal Services Sub-contract entered into by the parties is anti-competitive.
The ACCC is aware of at least one alternative purchaser for the Aurizon intermodal assets, including the Queensland intermodal business. The ACCC is seeking an injunction to prevent Aurizon from closing its Queensland Intermodal business while the case is being determined.
The ACCC has decided not to accept the s 87B Undertaking offered by Pacific National in relation to access to the Acacia Ridge Terminal.
Further details on the ACCC's allegations are set out in the attached media release, and a summary of the ACCC's review to date is available on the ACCC's public register.
Travis Brooks-Garrett – FTA / APSA