The Australian Competition and Consumer Commission (ACCC) has released a Statement of Issues outlining its preliminary competition concerns regarding Acciona's proposed acquisition of the East Rockingham Waste to Energy Project. This project is currently in administration and receivership, and Acciona holds a 10% stake in it, in addition to being a creditor and the engineering, procurement, and construction contractor.

Located in East Rockingham, Western Australia, the East Rockingham Project is designed to process residual putrescible waste for energy recovery. Acciona also operates a similar waste-to-energy facility in Kwinana, which will provide comparable services. Both facilities are set to be the only waste-to-energy options in the Perth and Peel region, raising significant competition concerns.

ACCC Commissioner Dr. Philip Williams stated that the acquisition would eliminate competition between the two facilities, which are each other's closest competitors. The ACCC's preliminary assessment suggests that the acquisition could lead to increased prices or reduced service quality for putrescible waste disposal services in the region.

Market feedback indicates that the Kwinana and East Rockingham facilities closely compete due to their similar services and geographic proximity. The ACCC is also evaluating whether capacity constraints at these facilities might limit Acciona's ability to raise prices or lower service quality.

Dr. Williams noted that establishing new waste-to-energy facilities is a lengthy and costly process, implying that no new facilities are likely to emerge in Western Australia within the next decade. The ACCC is inviting submissions from interested parties regarding the Statement of Issues until July 31, 2025.