Proposed undertaking22 Sep 2010
On 22 September 2010, GrainCorp lodged a proposed access undertaking for its port terminal services with the ACCC for assessment under section 44ZZA of the Trade Practices Act 1974 (known as the Competition and Consumer Act 2010 (CCA) from 1 January 2011).
GrainCorp provided the ACCC with a revised Proposed 2011 Undertaking on 31 January 2011 which contained technical amendments to the Undertaking lodged on 22 September 2010.
Proposed undertaking lodged 22 September 2010
Proposed undertaking and supporting documentation from GrainCorp
ACCC issues paper
The ACCC commenced a public consultation process in relation to the 2011 GrainCorp proposed Port Terminal Services Access Undertaking on 7 October 2010. The deadline for submissions was 4 November 2010.
Submissions on ACCC issues paper
The ACCC received these submissions from stakeholders on the issues paper it released regarding GrainCorp's proposed 2011 Access Undertaking.
GrainCorp response to third party submissions
GrainCorp revised Undertaking
GrainCorp provided the ACCC with a revised Proposed 2011 Undertaking on 31 January 2011 which contains technical amendments to the Undertaking lodged on 22 September 2010.
The amendments were made to recognise the change in the title of the TPA to the CCA and to allow for continuing enforceability of the undertaking should the legislative provisions in the Wheat Exports Marketing Act 2008 change.
The ACCC did not treat this as a withdrawal and re-lodgement of GrainCorp’s Proposed 2011 Undertaking and did not restart the clock for the purposes of the time limits for the ACCC’s decision.