Co-operative Bulk Handling (CBH) is a bulk handling company that operates four bulk wheat port facilities in Western Australia.
On 14 March 2014, CBH lodged a proposed undertaking for its port terminal services with the ACCC for assessment under section 44ZZA of the Competition and Consumer Act 2010 (CCA).
The proposed undertaking was intended to cover the period from when CBH’s existing undertaking expires (30 September 2014) until 30 September 2017 or such a time as it was no longer required to have an access undertaking accepted by the ACCC. The major difference in the proposed undertaking compared to CBH's 2011 undertaking was that it sought to allow three year long term agreements (LTAs) for port capacity.
Following a consultation process including an ACCC issues paper, ACCC draft decision and additional consultation on a proposed additional clause, CBH withdrew the proposed undertaking on 8 September 2014. CBH instead sought an extension of its 2011 undertaking.