The Australian Competition and Consumer Commission late yesterday instituted proceedings against Alinta Ltd in the Federal Court in relation to the court enforceable undertaking it gave to the ACCC on 22 October 2004 regarding its acquisition of the Dampier to Bunbury Natural Gas Pipeline.
The ACCC alleges that an Alinta employee was seconded to DBNGP Holdings and involved in commercial negotiations between DBNGP Holdings and other shippers in breach of the undertaking requirement that no member of staff of Alinta be involved in such negotiations.
The ACCC is seeking an order directing Alinta to comply with the terms of the undertaking, an order to terminate the employee's secondment, an order directing Alinta to pay to the Commonwealth any financial benefit reasonably attributable to the breach and such orders as the court considers appropriate directing Alinta to compensate any other person who has suffered loss or damage as a result of the breach of the undertaking.