The Australian Competition and Consumer Commission (ACCC) has decided not to oppose Qube Holdings Limited's proposed acquisition of Melbourne International RoRo & Auto Terminal Pty Ltd (MIRRAT), provided that Qube adheres to a court-enforceable undertaking aimed at alleviating competition concerns.

This undertaking specifically prevents Qube, its subsidiary Australian Amalgamated Terminals Pty Ltd (AAT), and MIRRAT from engaging in discriminatory practices against downstream competitors at Webb Dock West, located at the Port of Melbourne. Additionally, it imposes further obligations on AAT regarding its operations at other ports, including Port Kembla in New South Wales, Fisherman Islands in Queensland, and Appleton Dock in Melbourne.

MIRRAT operates the automotive roll-on roll-off terminal at Webb Dock West, and the acquisition would allow Qube to control automotive roll-on roll-off trade through this key facility. Qube is already the largest provider of import and export logistics services in Australia, managing various terminal operations across multiple ports.

The ACCC's investigation focused on the potential impact of the acquisition on competition in downstream services, particularly automotive stevedoring and pre-delivery inspection (PDI) services at the Port of Melbourne. Concerns were raised that Qube could leverage its control over MIRRAT to discriminate against rival service providers, potentially harming competition.

To mitigate these risks, the ACCC accepted the undertaking, which includes provisions to ensure non-discrimination among terminal users, establish dispute resolution processes, comply with access rules, and maintain confidentiality of sensitive information. The undertaking is expected to remain in effect indefinitely, covering all of AAT and MIRRAT's east coast automotive terminals.

Despite the risks associated with long-term behavioral remedies, the ACCC deemed the unique circumstances of this transaction warranted acceptance of the undertaking, especially given the support from terminal users and participants in the vehicle import supply chain.