AdBlue Manufacturers

On 21 December 2021, the ACCC received an application from Brenntag Australia Pty Ltd (Brenntag) seeking authorisation for itself and other AdBlue manufacturers listed in the application, and Other Participants (the Parties) to share information and collaborate to obtain adequate supply of refined urea to ensure sufficient supply of diesel exhaust fluid (DEF) – also known as AdBlue – for Australian consumption and the prioritised distribution of refined urea and DEF should shortages emerge.

Specifically, Brenntag sought authorisation for the Parties to propose, discuss, enter into or give effect to any contract, arrangement or understanding between them, or engage in any conduct, where the contract, arrangement, understanding or conduct has the purpose of securing adequate supplies of refined urea; promoting adequate production of DEF for the Australian market; ensuring security of supply of refined urea and DEF for Australian businesses and consumers; or prioritising access to refined urea and DEF as necessary, including by:

• sharing commercially sensitive information (for example, relating to stock levels, supply channels and manufacturing opportunities), but not relating to price
• facilitating or ensuring the acquisition and/or supply of refined urea or DEF
• prioritising access to refined urea and DEF according to need (for example, to particular geographical areas or consumers) as directed by the Australian Government
• collaborating on the production of DEF, and
• implementing sales limits (to be applied uniformly across all purchasers).

On 22 December 2021, the ACCC granted urgent interim authorisation, with conditions, to enable the Parties to engage in the above conduct, prior to the ACCC’s final determination.

On 28 April 2022, the ACCC issued a final determination granting authorisation, with conditions, until 1 December 2022.

A copy of the application and the ACCC’s interim authorisation decision, draft determination and final determination are available below.