Description of Conduct
On 30 November 2015, Council Solutions applied for authorisation on behalf of itself and Adelaide City Council and the Cities of Charles Sturt, Marion, Tea Tree Gully and Port Adelaide Enfield (the Participating Councils). The Applicants propose to jointly tender, negotiate and contract for the supply of:
- waste collection services
- receiving and processing of recyclables
- receiving and processing of organics
- waste disposal services
(together, the Service Streams).
In particular, Council Solutions, on behalf of itself and the Participating Councils, sought authorisation for:
- Council Solutions, on behalf of the Participating Councils, to conduct collaborative competitive tender processes for services within the Service Streams (including the sharing of information), to evaluate the responses in collaboration with the Participating Councils and to negotiate on behalf of the Participating Councils the contractual framework
- the Participating Councils to individually enter into separate contracts on identical or near identical terms with each Supplier/Operator (the contracts for all services within the Service Streams will be on the same general terms and conditions); and
- certain decisions regarding the ongoing administration and management of the resultant contracts to be made jointly by Council Solutions and/or particular Participating Councils.
On 11 February 2016 the ACCC issued a draft determination proposing to grant authorisation in respect of the proposed arrangements for 17 years. A copy of the draft determination is available by following the link below.
On 11 February 2016 the ACCC also granted interim authorisation for the Applicants' proposed conduct.
The ACCC sought submissions from interested parties on the draft determination by 11 March 2016. Submissions are available by following the link below.
A conference was held in Adelaide on 21 March 2016.
In April 2016 the ACCC advised interested parties that it decided to extend the statutory timeframe for release of a final determination in this matter until 23 December 2016. This follows a request by Council Solutions for an extension of time to provide a written submission to the ACCC.
On 30 June 2016 Council Solutions provided its supplementary submission to the ACCC and interested parties were invited to comment on the supplementary submission by 22 July 2016.
On 20 December 2016, the ACCC issued a final determination denying authorisation.
- waste collection services
- receiving and processing of recyclables
- receiving and processing of organics
- waste disposal services
(together, the Service Streams).
In particular, Council Solutions, on behalf of itself and the Participating Councils, sought authorisation for:
- Council Solutions, on behalf of the Participating Councils, to conduct collaborative competitive tender processes for services within the Service Streams (including the sharing of information), to evaluate the responses in collaboration with the Participating Councils and to negotiate on behalf of the Participating Councils the contractual framework
- the Participating Councils to individually enter into separate contracts on identical or near identical terms with each Supplier/Operator (the contracts for all services within the Service Streams will be on the same general terms and conditions); and
- certain decisions regarding the ongoing administration and management of the resultant contracts to be made jointly by Council Solutions and/or particular Participating Councils.
On 11 February 2016 the ACCC issued a draft determination proposing to grant authorisation in respect of the proposed arrangements for 17 years. A copy of the draft determination is available by following the link below.
On 11 February 2016 the ACCC also granted interim authorisation for the Applicants' proposed conduct.
The ACCC sought submissions from interested parties on the draft determination by 11 March 2016. Submissions are available by following the link below.
A conference was held in Adelaide on 21 March 2016.
In April 2016 the ACCC advised interested parties that it decided to extend the statutory timeframe for release of a final determination in this matter until 23 December 2016. This follows a request by Council Solutions for an extension of time to provide a written submission to the ACCC.
On 30 June 2016 Council Solutions provided its supplementary submission to the ACCC and interested parties were invited to comment on the supplementary submission by 22 July 2016.
On 20 December 2016, the ACCC issued a final determination denying authorisation.
Applicant(s)
- Adelaide City Council
- Council Solutions
- The City of Charles Sturt
- The City of Marion
- The City of Port Adelaide Enfield
- The City of Tea Tree Gully
Applications
| Document title | Date | |
|---|---|---|
| Received |
Decisions
| Document title | Date | |
|---|---|---|
| Final Determination | ||
| Draft Determination and Interim Authorisation |
ACCC correspondence
Submissions - before draft decision
| Document title | Date | |
|---|---|---|
| Council Solutions | ||
| South Australian Waste Industry Network |
Submissions - after draft decision
Pre-decision conferences
| Document title | Date | |
|---|---|---|
| Record of Pre-Decision Conference | ||
| Pre-Decision Conference Certificate |