The ACCC proposes to grant re-authorisation to enable the South Australian Oyster Growers Association (SAOGA) and the South Australian Oyster Research Council (SAORC) to continue to charge a levy on purchases of juvenile oysters (spat) by oyster growers. The levy is used to fund research and development activities.
The arrangement is likely to result in public benefit by continuing to facilitate the availability of more funding, greater coordination of research and development for the South Australian oyster industry, and wider dissemination of the results of this research and development, compared to a situation with no levy arrangement in place.
The ACCC considers that the arrangement is unlikely to result in anti-competitive supply restrictions because it includes a refund scheme which allows growers to choose not to participate in the arrangement without their supply of oyster spat being jeopardised.
Re-authorisation would not permit the hatcheries to collectively refuse to supply spat to an oyster grower if the grower decides not to, or cannot, pay the levy.
The ACCC proposes to grant authorisation for a further 10 years.
The ACCC now invites submissions in relation to this draft determination by 12 March 2021, before making its final decision.
Further information about the ACCC’s draft determination is available on the ACCC public register at: South Australian Oyster Growers' Association Inc.