ACCC takes action against NSW Ports

This looks like both a fascinating and pretty gutsy case for the ACCC to be pursing. The ACCC has alleged that NSW Ports Operations Hold Co Pty Ltd and its subsidiaries Port Botany Operations Pty Ltd and Port Kembla Operations Pty Ltd entered into agreements with the State of New South Wales to prevent the Port of Newcastle from developing a container terminal. One interesting aspect of the case (in addition to likely claims of sovereign immunity), is that it was the NSW Government which had to pay the compensation if the Port of Newcastle set up a competing container terminal. The ACCC has also sought an injunction to restrain the operators of Port Botany and Port Kembla from seeking compensation from the NSW Government under these provisions. Therefore, if the Botany and Kembla Port Commitment Deeds are declared illegal three things seem likely to follow (1) the Port of Newcastle can set up a container terminal, (2) the NSW Government avoids having to pay any compensation and (3) the NSW Government gets to keep all the cash it raised from privatising the ports.

https://www.accc.gov.au/media-release/accc-takes-action-against-nsw-ports