The Federal Court has paved the way for Australia’s competition watchdog to regulate port charges for coal exporters at Newcastle, handing commodities group Glencore a victory in a case that could have implications for other infrastructure operators.
The Port of Newcastle was seeking to overturn an Australian Competition and Consumer Commission (ACCC) decision to “declare” port access services after Glencore objected to price increases of more than 60 per cent.
It took the case to the Australian Competition Tribunal, which upheld the port service being declared, and then to the Federal Court.
Declaring a service gives the ACCC the power to monitor and regulate the service, and could affect returns to the owners of the port.
But in a unanimous decision by five judges on August 16, the Full Court of the Federal Court rejected the appeal by the Port of Newcastle against the decisions by the Australian Competition Tribunal and ACCC.
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