Australian Amalgamated Terminals Pty Limited - Minor Variation - A91141 & A91142 & A91181 & A91182

On 27 January 2010, AAT applied for minor variation to authorisation A91141-2 and A91181-2. The authorisation was granted on 3 December 2009 to AAT, P&O Wharf Management Pty Limited and Plzen Pty Limited to give effect to section 2 of the Shareholders Agreement, together with the other provisions of the Shareholders Agreement and the Constitution of AAT, being provisions that establish and constitute the AAT joint venture until 31 December 2019, but only to the extent that those provisions allow the parties to engage in the conduct at the terminals as set out in Clause 5.9 of the authorisation. The authorisation was granted subject to conditions.

In its application for minor variation, AAT seeks an amendment to clause 2.2.1(a) of the conditions of authorisation extending the time period within which AAT must identify and notify the ACCC of a proposed independent price expert by three weeks.

On 9 February 2010 the ACCC issued a determination varying authorisation A91141-2 and A91181-2 to amend clause 2.2.1(a) of the conditions of authorisation by extending the time period within which AAT must identify and notify the ACCC of a proposed independent price expert until 17 February 2010, or such later date as required by the ACCC.

The ACCC also granted interim authorisation with respect to the minor variation.