Further to our article earlier this year, on 29 September 2011 the ACCC has accepted an undertaking from Australian Bulk Alliance Pty Ltd (“ABA”) which sets out arrangements for wheat exporters using Melbourne Port Terminal. The access arrangements require ABA not to discriminate or hinder access to port terminal services and to negotiate in good faith with eligible wheat exporters for access to port terminal services. The arrangements also require clear and transparent port loading protocols and wheat exporters to have access to dispute mediation or arbitration on terms of access. The accepted undertaking applies from October 2011 to September 2013.
On the same day, the ACCC also accepted undertakings from Viterra and Co-operative Bulk Handling in relation to wheat export access arrangements in South Australia and Western Australia, respectively.