23 July, 2021 | Transport

Competition Law and Transport Policy: ACCC v NSW Ports

Earlier this week, Justice Jagot published her reasons for dismissing the ACCC’s action against NSW Ports in connection with the Ports Commitment Deeds that accompanied the privatisation process. Her Honour found that, in its capacity as operator of a business, the State is subject to the provisions of the Competition and Consumer Act 2010 (Cth); but in its broader roles of policy formulation and implementation in particular, it is not. She also found that the Port Commitment Deeds had no effect on competition, as there was no real prospect of the development of a container terminal in Newcastle. We discuss the Federal Court decision in more detail below.


23 July, 2021 | Transport

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