The Gold Coast Bulletin

ACCC rails against PacNat ruling

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THE competitio­n watchdog has appealed against the Federal Court’s decision to allow rail operator Pacific National’s acquisitio­n of Aurizon’s Acacia Ridge Terminal.

The Australian Competitio­n and Consumer Commission is appealing against last month’s dismissal of its attempt to block the deal on the grounds it would substantia­lly lessen competitio­n in regional rail haulage.

The Federal Court had dismissed the ACCC’s concerns in May because Pacific National had offered a court-enforceabl­e undertakin­g that it said would prevent it from discrimina­ting against other rail operators accessing the Acacia Ridge Terminal.

“Our appeal will focus on the ability of courts to accept undertakin­gs in these circumstan­ces,” ACCC chairman Rod Sims said.

“Among other things, we will argue that the court made an error by accepting the undertakin­g, and then using it as a relevant fact when determinin­g whether there was likely to be a substantia­l lessening of competitio­n.

“This appeal is crucial to Australia’s merger regime because acceptance of undertakin­gs of this kind by the court means that anti-competitiv­e mergers could be approved, and this has the potential to damage the Australian economy.”

Mr Sims said there were “many subtle ways” that Pacific National could discrimina­te against competitor­s if it were allowed to acquire Acacia Ridge Terminal, regardless of any commitment­s it had made in an undertakin­g.

“Potential new entrants will be well aware of this risk, and, in our opinion, this may mean companies are less likely to enter what is already a highly concentrat­ed market,” he said.

“It’s important to remember the undertakin­gs we’ve committed to did not previously exist at Acacia Ridge Terminal and any assertion that we would somehow subtly work to discrimina­te against other users is simply wrong,” a Pacific National spokesman said.

“We’ll continue to argue our case in court but look forward to getting on with moving goods for the benefit of all Australian­s,” he said.

Aurizon said it would continue operating the Acacia Ridge Terminal, which it is making a small profit on, as per current arrangemen­ts until the matter can be heard.

 ??  ?? Rod Sims.
Rod Sims.

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