The Australian Competition and Consumer Commission today issued its draft determination on Melbourne Airport's Access Undertaking, rejecting it in its current form.
The draft determination outlines the ACCC's assessment of the undertaking against the relevant legislative criteria in Part IIIA of the Trade Practices Act, the draft decision and the reasons for the decision. It also provides a detailed assessment of each section of the undertaking.
"It provides Melbourne Airport and interested parties with the opportunity to comment on the ACCC draft determination before the final decision is made," ACCC Chairman, Professor Allan Fels, said today. "Melbourne Airport can vary its undertaking and resubmit it to the ACCC for further assessment. If this happens, the ACCC will consult further.
"If an undertaking is not accepted by the ACCC in its final decision certain airport services will automatically be declared in July under section 192 of the Airports Act. Declaration gives current and potential airport users the right to negotiate terms of access with the airport operator, and if the negotiations prove unsuccessful, the ACCC may arbitrate."
Melbourne Airport lodged the undertaking on March 11. It establishes the terms and conditions for airport users to access a range of services at Melbourne Airport. It covers services provided by 'airside' facilities; international terminal passenger processing areas; and aircraft refuelling, equipment storage, cargo, maintenance and 'landside' vehicle facilities.
As part of the assessment, the ACCC sought submissions and on March 27 put out an issues paper to assist interest parties.
The ACCC received 13 submissions from domestic and international airlines, relevant industry associations, and other airport users such as oil, freight handling and car rental companies. Some submissions are confidential but others are available from the ACCC.
Copies of the draft determination, Melbourne Airport's Access Undertaking, and a number of the submissions are available from Lisa Francis on (03) 9290 1870 or on the ACCC's web site.
The draft determination outlines the ACCC's assessment of the undertaking against the relevant legislative criteria in Part IIIA of the Trade Practices Act, the draft decision and the reasons for the decision. It also provides a detailed assessment of each section of the undertaking.
"It provides Melbourne Airport and interested parties with the opportunity to comment on the ACCC draft determination before the final decision is made," ACCC Chairman, Professor Allan Fels, said today. "Melbourne Airport can vary its undertaking and resubmit it to the ACCC for further assessment. If this happens, the ACCC will consult further.
"If an undertaking is not accepted by the ACCC in its final decision certain airport services will automatically be declared in July under section 192 of the Airports Act. Declaration gives current and potential airport users the right to negotiate terms of access with the airport operator, and if the negotiations prove unsuccessful, the ACCC may arbitrate."
Melbourne Airport lodged the undertaking on March 11. It establishes the terms and conditions for airport users to access a range of services at Melbourne Airport. It covers services provided by 'airside' facilities; international terminal passenger processing areas; and aircraft refuelling, equipment storage, cargo, maintenance and 'landside' vehicle facilities.
As part of the assessment, the ACCC sought submissions and on March 27 put out an issues paper to assist interest parties.
The ACCC received 13 submissions from domestic and international airlines, relevant industry associations, and other airport users such as oil, freight handling and car rental companies. Some submissions are confidential but others are available from the ACCC.
Copies of the draft determination, Melbourne Airport's Access Undertaking, and a number of the submissions are available from Lisa Francis on (03) 9290 1870 or on the ACCC's web site.