Transit Systems Ferries Pty Ltd - s.87B undertaking

This undertaking has been withdrawn and replaced by the 5 November 2015 undertaking given by SeaLink Travel Group Limited, Transit Systems Pty Ltd and Big Red Cat Pty Ltd

http://registers.accc.gov.au/content/index.phtml/itemId/1190674.

Transit Systems Ferries Pty Ltd is involved in a number of transport operations including a scheduled vehicle ferry service on the Brisbane-North Stradbroke Island route and scheduled passenger services to the South Moreton Bay islands.

On 1 December 2011, the ACCC accepted a section 87B undertaking given by Transit Systems Ferries Pty Ltd, Transit Systems Pty Ltd and Big Red Cat Pty Ltd (collectively, Transit) in order to resolve competition concerns that would have otherwise resulted from the acquisition of Stradbroke Ferries Pty Ltd by Transit.

The undertaking aims to achieve this objective by ensuring that any potential new entrant on the Brisbane-North Stradbroke Island Route has access to landing sites by:

• Requiring Transit to surrender its exlusive rights to the Toondah Harbour Ramp and the Toondah Harbour Sub-lease Area should a new entrant require access in order to commence a vehicle ferry service on the Brisbane-North Stradbroke Island route;
• Prohibiting Transit from seeking exclusive rights in the future over the Toondah Harbour Ramp, the Toondah Harbour Sub-lease area, the Junner Street Public Ramp, or land adjacent to the Junner Street Public Ramp;
• Requiring Transit not to hinder or prevent another person from using the Toondah Harbour Ramp, the Toondah Harbour Sub-lease area, the Junner Street Public Ramp, or land adjacent to the Junner Street Public Ramp to operate a ferry service; and
• The effective oversight of Transit's compliance with the undertaking.