News
08.12.10
The Australian Competition and Consumer Commission today issed a
determination denying authorisation for an exclusive pilotage
services agreement at the Port of Brisbane.
Under the agreement, Maritime Safety Queensland (MSQ) would be
required to acquire all pilotage services at the port from Brisbane
Marine Pilots Pty Ltd (BMP) until 31 December 2013.
Marine pilots guide large vessels within port waters by advising
on vessel manoeuvring, tug numbers and positioning. They are
usually mariners with command experience and comprehensive
port-specific knowledge and skills.
"The ACCC is not convinced that the exclusive agreement delivers
the public benefits BMP has claimed," ACCC chairman Mr Graeme
Samuel said.
The ACCC acknowledges that the preference at most ports around
the world is to have a single party supply pilotage.
"However, if MSQ wishes to employ BMP as the sole supplier of
marine pilots at the port, it is able to do so without the need for
an exclusive agreement that forecloses any possibility of other
providers being able to compete to offer their services."
Key industry bodies have opposed the agreement on the basis it
unnecessarily restricts competition.
Authorisation provides immunity from court action for conduct
that might otherwise raise concerns under the competition
provisions of the Trade Practices Act 1974. Broadly, the ACCC
may grant an authorisation when it is satisfied that the public
benefit from the conduct outweighs any public detriment.
Click here
for the ACCC Final Determination dated 3.12.2010.