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LENNON MAZZEO LAWYERS
Pat Lennon BA LLB Tel 61 3 9670 5999 Nick Mazzeo LLB Fax 61 3 9670 6999
Email adminlmlegalnet 2 5 MAY 2011
25 May 2011
FILE No
DOCGeneral Manager
Adjudication Branch MARSPRISM
Australian Competition and Consumer Commission
Level 35 The Tower
360 Elizabeth Street
Melbourne Central
MELBOURNE VIC 3000
BY HAND
Our ref NMmmc 2594
Dear SirMadam
RE OUR CliENT PORT MELBOURNE CONTAINERS PITLTD
NOTIFICATION OF THIRD LINE FORCING
We act on behalf of Port Melbourne Containers Pty Ltd
Our client carries on the business of storage maintenance and handling of shipping
containers at its container park located at 37 Prohasky Street Port Melbourne There have
been significant problems for many years with trucks having to queue to gain access to
container parks in order to load and unload containers As a result our client has
negotiated an arrangement with Containerchain Pty Ltd which will involve a system for
the management of container movements to and from our clients container park
It is arguable that this may involve a contravention of the Competition and Consumer Act
2010 (Commonwealth) (the Act) As a result we enclose for your consideration
1 A Form G Notification on behalf of Port Melbourne Containers Pty Ltd
Level 12 256 Queen Street Melbourne Vic 3000
Correspondence to PO Box 13122 Law Courts Melbourne Vic 8010
ABN 39 586 524 705
2
2 A submission made by Port Melbourne Containers Pty Ltd supporting the
Form G Notification - highlighting the benefit associated with the proposal
and
3 Our cheque in the sum of $100 as payment for lodging fee
The Applicant submits that in relation to the statutory test under Section 93 (3A) of the
Act no public detriment will result from the conduct but there will be clear public
benefits
If you have any further questions in relation to this notification please do not hesitate to
contact the writer
Yours faithfully
LENNON MAZZEO
enc
004PortMelbCont2594NMACCS230511doc
middot
FormG
Commonwealth of Australia Competition and Consumer Act 2010 - subsection 93 (1)
NOTIFICATION OF EXCLUSIVE DEALING
To the Australian Competition and Consumer Commission
Notice is hereby given in accordance with subsection 93 (1) of the Competition and Consumer Act 2010 of particulars of conduct or of proposed conduct of a kind referred to subsections 47 (2) (3) (4) (5) (6) (7) (8) or (9) of that Act in which the person giving notice engages or proposes to engage
PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM
1 Applicant
(a) Name of person giving notice (Refer to direction 2)
Port Melbourne Containers Pty Ltd ACN 118 191 183
(b) Short description of business carried on by that person (Refer to direction 3)
Port Melbourne Containers Pty Ltd operates an empty container park at 37 Prohasky Street Port Melbourne
(c) Address in Australia for service of documents on that person
Nick Mazzeo Lennon Mazzeo Lawyers Level 12 256 Queen Street Melbourne Ph 9670 5999 Fax 9670 6999 Email nicklmlegalnet
2 Notified arrangement
(a) Description of the goods or services in relation to the supply or acquisition of which this notice relates
The management of container movements to and from the Applicants container park
(b) Description of the conduct or proposed conduct
If a transport company wishes to use the services of Port Melbourne Containers Pty Ltds container park then one of the terms of use will be that the transport company must pre-book space via the nominated website
which will include the transport company accepting Port Containers of Use (copy attached)
3 Persons or ciSlSSES of persons affected or likely to be affected by the notified conduct
(a) Class or classes of person to which the conduct relates (Refer to direction 5)
logistics including container
(b) Number ofthose persons
(0 At present time
at
(ii) Estimated within next year (Refer to direction 6)
Substantially more than 50 but than 150
(c) Where number of persons stated item 3(b)(i) is less than 50 their names and addresses
Not applicable
4 Public benefit claims
(a) Arguments in support of notification (Refer to direction 7)
See Attachment A
(b) and relied upon support of claims
See Attachment A
5 Market definition
Provide a description of the market(s) which the or services described at 2(a) are supplied or acquired and other affected markets including suppliers acquirers substitutes available for the relevant goods or services any on the supply or of the relevant goods or services (for
example geographic or legal restrictions) (Refer to direction 8)
See Attachment A
6 Public detriments
(a) Detriments to the public resulting or likely to result from the notification in particular the likely effect of the notified conduct on the prices ofthe goods or services described at 2(a) above and the prices of goods or services in other affected markets
See Attachment A
(b) Facts and evidence relevant to these detriments
See Attachment A
7 Further information
(a) Name postal address and contact telephone details of the person authorised to provide additional information in relation to this notification
Nick Mazzeo Lennon Mazzeo Lawyers Level 12 256 Queen Street Melbourne Ph 9670 5999 Fax 96706999 Email nicklmlegalnet
Dated 25 May 2011
Signed by NICK MAZXEO on behalf of the Applicant
~ ~~ (Signature)
NICK MAZZEO Lawyer LENNON MAZZEO LA WYERS
AUST ~~1I1SS1(CONsulllER COli l
r O(lRNE
2 5 MAV 20n
set at $5 per
provision of a booking service a third line
Attachment A
Pty Ltd in support of Notification under Act 20 J0 (Commonwealth)
is made by Melbourne Containers Pty ACN 118 I 183 inThis Form G Notification attached
1 Overview of proposed conduct
(a) Melbourne Containers (Port Melbourne is a company that operates an container park situate at 37 Prohasky Street Port Melbourne
(b) Containerchain Pty Ltd is a private company that has developed a software program for the management of empty container parks
Melbourne Containers (While not
parks have
negotiated an arrangement with to this application a number ofother
arrangement with Containerchain) container transport companies that wish to drop off or pick up a container from Port Melbourne Containers will required to enter the relevant details in the website at wwwcontainerchaincom That information will fed through to the container park operator and various time will be offered to the
company as to when they can up or drop container transport company will pay a booking fee for this (currently
by Port Melbourne -~HL~U
(d) Port Melbourne Containers will be providing a full range of to transport operators both its and contractors under the proposed arrangements supply services by Port Melbourne
is not conditioned on the acquisition ofother services from another party
(e) At an in establishing the new Terms posted on website proposed by Containerchain provided for Containerchain to contract with transport operators for
proposed did not breach of 47(6) ofthe Act supplying on condition services were to be acquired another person However concerns to the that the proposed arrangement did contravene section 46(7) were expressed by the
live Furthermore
Transport and Transport Pty That was never put into because the
by
described in this notice in which supplies a package of services notification
services
(f) has problems having to access to container
unload containers was not only inefficient with long queues of lined up along
to enter the container parks system that Port have decided to implement will alleviate this
extent if not entirely
Public benefits and detriment
Port Melbourne companies and the significantly
By way of background it is
(a) The Port continues to increase in Container volumes and landside logistics efficiencies to meet current volumes plus growth
(b) Empty parks are as Loading Managers Responsibil ity as have a legal obligation to truck queues and traffic management parks
Group made up Work their failure to adequately
address their responsl Managers wi I attract the applicable penalties
(d) Containerchain provides a catalyst to reduce driver fatigue
system also provides a catalyst improved truck turn around which will reduce operational costs nt truck utilisation for Container transport operators
markets potentially affected by conduct are transport and industry including container t t
proposed conduct would not nrpFgtn from offering the same types of services to industry including tralrlsport companies only be one website that
transport companies can use to book a slot with a container park It is not efficient for Port Melbourne Containers to provide the website itself and it would not be efficient to require transport companies to have to use a different website for each container park
The proposed conduct will have no detrimental effect on competition Port Melbourne Containers does not have a substantial degree of market power
3 Conclusions
For the reasons set out above we believe that the Commission should not serve a Notice under Section 93 of the Competition and Consumer Act 2010
2
2 A submission made by Port Melbourne Containers Pty Ltd supporting the
Form G Notification - highlighting the benefit associated with the proposal
and
3 Our cheque in the sum of $100 as payment for lodging fee
The Applicant submits that in relation to the statutory test under Section 93 (3A) of the
Act no public detriment will result from the conduct but there will be clear public
benefits
If you have any further questions in relation to this notification please do not hesitate to
contact the writer
Yours faithfully
LENNON MAZZEO
enc
004PortMelbCont2594NMACCS230511doc
middot
FormG
Commonwealth of Australia Competition and Consumer Act 2010 - subsection 93 (1)
NOTIFICATION OF EXCLUSIVE DEALING
To the Australian Competition and Consumer Commission
Notice is hereby given in accordance with subsection 93 (1) of the Competition and Consumer Act 2010 of particulars of conduct or of proposed conduct of a kind referred to subsections 47 (2) (3) (4) (5) (6) (7) (8) or (9) of that Act in which the person giving notice engages or proposes to engage
PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM
1 Applicant
(a) Name of person giving notice (Refer to direction 2)
Port Melbourne Containers Pty Ltd ACN 118 191 183
(b) Short description of business carried on by that person (Refer to direction 3)
Port Melbourne Containers Pty Ltd operates an empty container park at 37 Prohasky Street Port Melbourne
(c) Address in Australia for service of documents on that person
Nick Mazzeo Lennon Mazzeo Lawyers Level 12 256 Queen Street Melbourne Ph 9670 5999 Fax 9670 6999 Email nicklmlegalnet
2 Notified arrangement
(a) Description of the goods or services in relation to the supply or acquisition of which this notice relates
The management of container movements to and from the Applicants container park
(b) Description of the conduct or proposed conduct
If a transport company wishes to use the services of Port Melbourne Containers Pty Ltds container park then one of the terms of use will be that the transport company must pre-book space via the nominated website
which will include the transport company accepting Port Containers of Use (copy attached)
3 Persons or ciSlSSES of persons affected or likely to be affected by the notified conduct
(a) Class or classes of person to which the conduct relates (Refer to direction 5)
logistics including container
(b) Number ofthose persons
(0 At present time
at
(ii) Estimated within next year (Refer to direction 6)
Substantially more than 50 but than 150
(c) Where number of persons stated item 3(b)(i) is less than 50 their names and addresses
Not applicable
4 Public benefit claims
(a) Arguments in support of notification (Refer to direction 7)
See Attachment A
(b) and relied upon support of claims
See Attachment A
5 Market definition
Provide a description of the market(s) which the or services described at 2(a) are supplied or acquired and other affected markets including suppliers acquirers substitutes available for the relevant goods or services any on the supply or of the relevant goods or services (for
example geographic or legal restrictions) (Refer to direction 8)
See Attachment A
6 Public detriments
(a) Detriments to the public resulting or likely to result from the notification in particular the likely effect of the notified conduct on the prices ofthe goods or services described at 2(a) above and the prices of goods or services in other affected markets
See Attachment A
(b) Facts and evidence relevant to these detriments
See Attachment A
7 Further information
(a) Name postal address and contact telephone details of the person authorised to provide additional information in relation to this notification
Nick Mazzeo Lennon Mazzeo Lawyers Level 12 256 Queen Street Melbourne Ph 9670 5999 Fax 96706999 Email nicklmlegalnet
Dated 25 May 2011
Signed by NICK MAZXEO on behalf of the Applicant
~ ~~ (Signature)
NICK MAZZEO Lawyer LENNON MAZZEO LA WYERS
AUST ~~1I1SS1(CONsulllER COli l
r O(lRNE
2 5 MAV 20n
set at $5 per
provision of a booking service a third line
Attachment A
Pty Ltd in support of Notification under Act 20 J0 (Commonwealth)
is made by Melbourne Containers Pty ACN 118 I 183 inThis Form G Notification attached
1 Overview of proposed conduct
(a) Melbourne Containers (Port Melbourne is a company that operates an container park situate at 37 Prohasky Street Port Melbourne
(b) Containerchain Pty Ltd is a private company that has developed a software program for the management of empty container parks
Melbourne Containers (While not
parks have
negotiated an arrangement with to this application a number ofother
arrangement with Containerchain) container transport companies that wish to drop off or pick up a container from Port Melbourne Containers will required to enter the relevant details in the website at wwwcontainerchaincom That information will fed through to the container park operator and various time will be offered to the
company as to when they can up or drop container transport company will pay a booking fee for this (currently
by Port Melbourne -~HL~U
(d) Port Melbourne Containers will be providing a full range of to transport operators both its and contractors under the proposed arrangements supply services by Port Melbourne
is not conditioned on the acquisition ofother services from another party
(e) At an in establishing the new Terms posted on website proposed by Containerchain provided for Containerchain to contract with transport operators for
proposed did not breach of 47(6) ofthe Act supplying on condition services were to be acquired another person However concerns to the that the proposed arrangement did contravene section 46(7) were expressed by the
live Furthermore
Transport and Transport Pty That was never put into because the
by
described in this notice in which supplies a package of services notification
services
(f) has problems having to access to container
unload containers was not only inefficient with long queues of lined up along
to enter the container parks system that Port have decided to implement will alleviate this
extent if not entirely
Public benefits and detriment
Port Melbourne companies and the significantly
By way of background it is
(a) The Port continues to increase in Container volumes and landside logistics efficiencies to meet current volumes plus growth
(b) Empty parks are as Loading Managers Responsibil ity as have a legal obligation to truck queues and traffic management parks
Group made up Work their failure to adequately
address their responsl Managers wi I attract the applicable penalties
(d) Containerchain provides a catalyst to reduce driver fatigue
system also provides a catalyst improved truck turn around which will reduce operational costs nt truck utilisation for Container transport operators
markets potentially affected by conduct are transport and industry including container t t
proposed conduct would not nrpFgtn from offering the same types of services to industry including tralrlsport companies only be one website that
transport companies can use to book a slot with a container park It is not efficient for Port Melbourne Containers to provide the website itself and it would not be efficient to require transport companies to have to use a different website for each container park
The proposed conduct will have no detrimental effect on competition Port Melbourne Containers does not have a substantial degree of market power
3 Conclusions
For the reasons set out above we believe that the Commission should not serve a Notice under Section 93 of the Competition and Consumer Act 2010
middot
FormG
Commonwealth of Australia Competition and Consumer Act 2010 - subsection 93 (1)
NOTIFICATION OF EXCLUSIVE DEALING
To the Australian Competition and Consumer Commission
Notice is hereby given in accordance with subsection 93 (1) of the Competition and Consumer Act 2010 of particulars of conduct or of proposed conduct of a kind referred to subsections 47 (2) (3) (4) (5) (6) (7) (8) or (9) of that Act in which the person giving notice engages or proposes to engage
PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM
1 Applicant
(a) Name of person giving notice (Refer to direction 2)
Port Melbourne Containers Pty Ltd ACN 118 191 183
(b) Short description of business carried on by that person (Refer to direction 3)
Port Melbourne Containers Pty Ltd operates an empty container park at 37 Prohasky Street Port Melbourne
(c) Address in Australia for service of documents on that person
Nick Mazzeo Lennon Mazzeo Lawyers Level 12 256 Queen Street Melbourne Ph 9670 5999 Fax 9670 6999 Email nicklmlegalnet
2 Notified arrangement
(a) Description of the goods or services in relation to the supply or acquisition of which this notice relates
The management of container movements to and from the Applicants container park
(b) Description of the conduct or proposed conduct
If a transport company wishes to use the services of Port Melbourne Containers Pty Ltds container park then one of the terms of use will be that the transport company must pre-book space via the nominated website
which will include the transport company accepting Port Containers of Use (copy attached)
3 Persons or ciSlSSES of persons affected or likely to be affected by the notified conduct
(a) Class or classes of person to which the conduct relates (Refer to direction 5)
logistics including container
(b) Number ofthose persons
(0 At present time
at
(ii) Estimated within next year (Refer to direction 6)
Substantially more than 50 but than 150
(c) Where number of persons stated item 3(b)(i) is less than 50 their names and addresses
Not applicable
4 Public benefit claims
(a) Arguments in support of notification (Refer to direction 7)
See Attachment A
(b) and relied upon support of claims
See Attachment A
5 Market definition
Provide a description of the market(s) which the or services described at 2(a) are supplied or acquired and other affected markets including suppliers acquirers substitutes available for the relevant goods or services any on the supply or of the relevant goods or services (for
example geographic or legal restrictions) (Refer to direction 8)
See Attachment A
6 Public detriments
(a) Detriments to the public resulting or likely to result from the notification in particular the likely effect of the notified conduct on the prices ofthe goods or services described at 2(a) above and the prices of goods or services in other affected markets
See Attachment A
(b) Facts and evidence relevant to these detriments
See Attachment A
7 Further information
(a) Name postal address and contact telephone details of the person authorised to provide additional information in relation to this notification
Nick Mazzeo Lennon Mazzeo Lawyers Level 12 256 Queen Street Melbourne Ph 9670 5999 Fax 96706999 Email nicklmlegalnet
Dated 25 May 2011
Signed by NICK MAZXEO on behalf of the Applicant
~ ~~ (Signature)
NICK MAZZEO Lawyer LENNON MAZZEO LA WYERS
AUST ~~1I1SS1(CONsulllER COli l
r O(lRNE
2 5 MAV 20n
set at $5 per
provision of a booking service a third line
Attachment A
Pty Ltd in support of Notification under Act 20 J0 (Commonwealth)
is made by Melbourne Containers Pty ACN 118 I 183 inThis Form G Notification attached
1 Overview of proposed conduct
(a) Melbourne Containers (Port Melbourne is a company that operates an container park situate at 37 Prohasky Street Port Melbourne
(b) Containerchain Pty Ltd is a private company that has developed a software program for the management of empty container parks
Melbourne Containers (While not
parks have
negotiated an arrangement with to this application a number ofother
arrangement with Containerchain) container transport companies that wish to drop off or pick up a container from Port Melbourne Containers will required to enter the relevant details in the website at wwwcontainerchaincom That information will fed through to the container park operator and various time will be offered to the
company as to when they can up or drop container transport company will pay a booking fee for this (currently
by Port Melbourne -~HL~U
(d) Port Melbourne Containers will be providing a full range of to transport operators both its and contractors under the proposed arrangements supply services by Port Melbourne
is not conditioned on the acquisition ofother services from another party
(e) At an in establishing the new Terms posted on website proposed by Containerchain provided for Containerchain to contract with transport operators for
proposed did not breach of 47(6) ofthe Act supplying on condition services were to be acquired another person However concerns to the that the proposed arrangement did contravene section 46(7) were expressed by the
live Furthermore
Transport and Transport Pty That was never put into because the
by
described in this notice in which supplies a package of services notification
services
(f) has problems having to access to container
unload containers was not only inefficient with long queues of lined up along
to enter the container parks system that Port have decided to implement will alleviate this
extent if not entirely
Public benefits and detriment
Port Melbourne companies and the significantly
By way of background it is
(a) The Port continues to increase in Container volumes and landside logistics efficiencies to meet current volumes plus growth
(b) Empty parks are as Loading Managers Responsibil ity as have a legal obligation to truck queues and traffic management parks
Group made up Work their failure to adequately
address their responsl Managers wi I attract the applicable penalties
(d) Containerchain provides a catalyst to reduce driver fatigue
system also provides a catalyst improved truck turn around which will reduce operational costs nt truck utilisation for Container transport operators
markets potentially affected by conduct are transport and industry including container t t
proposed conduct would not nrpFgtn from offering the same types of services to industry including tralrlsport companies only be one website that
transport companies can use to book a slot with a container park It is not efficient for Port Melbourne Containers to provide the website itself and it would not be efficient to require transport companies to have to use a different website for each container park
The proposed conduct will have no detrimental effect on competition Port Melbourne Containers does not have a substantial degree of market power
3 Conclusions
For the reasons set out above we believe that the Commission should not serve a Notice under Section 93 of the Competition and Consumer Act 2010
which will include the transport company accepting Port Containers of Use (copy attached)
3 Persons or ciSlSSES of persons affected or likely to be affected by the notified conduct
(a) Class or classes of person to which the conduct relates (Refer to direction 5)
logistics including container
(b) Number ofthose persons
(0 At present time
at
(ii) Estimated within next year (Refer to direction 6)
Substantially more than 50 but than 150
(c) Where number of persons stated item 3(b)(i) is less than 50 their names and addresses
Not applicable
4 Public benefit claims
(a) Arguments in support of notification (Refer to direction 7)
See Attachment A
(b) and relied upon support of claims
See Attachment A
5 Market definition
Provide a description of the market(s) which the or services described at 2(a) are supplied or acquired and other affected markets including suppliers acquirers substitutes available for the relevant goods or services any on the supply or of the relevant goods or services (for
example geographic or legal restrictions) (Refer to direction 8)
See Attachment A
6 Public detriments
(a) Detriments to the public resulting or likely to result from the notification in particular the likely effect of the notified conduct on the prices ofthe goods or services described at 2(a) above and the prices of goods or services in other affected markets
See Attachment A
(b) Facts and evidence relevant to these detriments
See Attachment A
7 Further information
(a) Name postal address and contact telephone details of the person authorised to provide additional information in relation to this notification
Nick Mazzeo Lennon Mazzeo Lawyers Level 12 256 Queen Street Melbourne Ph 9670 5999 Fax 96706999 Email nicklmlegalnet
Dated 25 May 2011
Signed by NICK MAZXEO on behalf of the Applicant
~ ~~ (Signature)
NICK MAZZEO Lawyer LENNON MAZZEO LA WYERS
AUST ~~1I1SS1(CONsulllER COli l
r O(lRNE
2 5 MAV 20n
set at $5 per
provision of a booking service a third line
Attachment A
Pty Ltd in support of Notification under Act 20 J0 (Commonwealth)
is made by Melbourne Containers Pty ACN 118 I 183 inThis Form G Notification attached
1 Overview of proposed conduct
(a) Melbourne Containers (Port Melbourne is a company that operates an container park situate at 37 Prohasky Street Port Melbourne
(b) Containerchain Pty Ltd is a private company that has developed a software program for the management of empty container parks
Melbourne Containers (While not
parks have
negotiated an arrangement with to this application a number ofother
arrangement with Containerchain) container transport companies that wish to drop off or pick up a container from Port Melbourne Containers will required to enter the relevant details in the website at wwwcontainerchaincom That information will fed through to the container park operator and various time will be offered to the
company as to when they can up or drop container transport company will pay a booking fee for this (currently
by Port Melbourne -~HL~U
(d) Port Melbourne Containers will be providing a full range of to transport operators both its and contractors under the proposed arrangements supply services by Port Melbourne
is not conditioned on the acquisition ofother services from another party
(e) At an in establishing the new Terms posted on website proposed by Containerchain provided for Containerchain to contract with transport operators for
proposed did not breach of 47(6) ofthe Act supplying on condition services were to be acquired another person However concerns to the that the proposed arrangement did contravene section 46(7) were expressed by the
live Furthermore
Transport and Transport Pty That was never put into because the
by
described in this notice in which supplies a package of services notification
services
(f) has problems having to access to container
unload containers was not only inefficient with long queues of lined up along
to enter the container parks system that Port have decided to implement will alleviate this
extent if not entirely
Public benefits and detriment
Port Melbourne companies and the significantly
By way of background it is
(a) The Port continues to increase in Container volumes and landside logistics efficiencies to meet current volumes plus growth
(b) Empty parks are as Loading Managers Responsibil ity as have a legal obligation to truck queues and traffic management parks
Group made up Work their failure to adequately
address their responsl Managers wi I attract the applicable penalties
(d) Containerchain provides a catalyst to reduce driver fatigue
system also provides a catalyst improved truck turn around which will reduce operational costs nt truck utilisation for Container transport operators
markets potentially affected by conduct are transport and industry including container t t
proposed conduct would not nrpFgtn from offering the same types of services to industry including tralrlsport companies only be one website that
transport companies can use to book a slot with a container park It is not efficient for Port Melbourne Containers to provide the website itself and it would not be efficient to require transport companies to have to use a different website for each container park
The proposed conduct will have no detrimental effect on competition Port Melbourne Containers does not have a substantial degree of market power
3 Conclusions
For the reasons set out above we believe that the Commission should not serve a Notice under Section 93 of the Competition and Consumer Act 2010
example geographic or legal restrictions) (Refer to direction 8)
See Attachment A
6 Public detriments
(a) Detriments to the public resulting or likely to result from the notification in particular the likely effect of the notified conduct on the prices ofthe goods or services described at 2(a) above and the prices of goods or services in other affected markets
See Attachment A
(b) Facts and evidence relevant to these detriments
See Attachment A
7 Further information
(a) Name postal address and contact telephone details of the person authorised to provide additional information in relation to this notification
Nick Mazzeo Lennon Mazzeo Lawyers Level 12 256 Queen Street Melbourne Ph 9670 5999 Fax 96706999 Email nicklmlegalnet
Dated 25 May 2011
Signed by NICK MAZXEO on behalf of the Applicant
~ ~~ (Signature)
NICK MAZZEO Lawyer LENNON MAZZEO LA WYERS
AUST ~~1I1SS1(CONsulllER COli l
r O(lRNE
2 5 MAV 20n
set at $5 per
provision of a booking service a third line
Attachment A
Pty Ltd in support of Notification under Act 20 J0 (Commonwealth)
is made by Melbourne Containers Pty ACN 118 I 183 inThis Form G Notification attached
1 Overview of proposed conduct
(a) Melbourne Containers (Port Melbourne is a company that operates an container park situate at 37 Prohasky Street Port Melbourne
(b) Containerchain Pty Ltd is a private company that has developed a software program for the management of empty container parks
Melbourne Containers (While not
parks have
negotiated an arrangement with to this application a number ofother
arrangement with Containerchain) container transport companies that wish to drop off or pick up a container from Port Melbourne Containers will required to enter the relevant details in the website at wwwcontainerchaincom That information will fed through to the container park operator and various time will be offered to the
company as to when they can up or drop container transport company will pay a booking fee for this (currently
by Port Melbourne -~HL~U
(d) Port Melbourne Containers will be providing a full range of to transport operators both its and contractors under the proposed arrangements supply services by Port Melbourne
is not conditioned on the acquisition ofother services from another party
(e) At an in establishing the new Terms posted on website proposed by Containerchain provided for Containerchain to contract with transport operators for
proposed did not breach of 47(6) ofthe Act supplying on condition services were to be acquired another person However concerns to the that the proposed arrangement did contravene section 46(7) were expressed by the
live Furthermore
Transport and Transport Pty That was never put into because the
by
described in this notice in which supplies a package of services notification
services
(f) has problems having to access to container
unload containers was not only inefficient with long queues of lined up along
to enter the container parks system that Port have decided to implement will alleviate this
extent if not entirely
Public benefits and detriment
Port Melbourne companies and the significantly
By way of background it is
(a) The Port continues to increase in Container volumes and landside logistics efficiencies to meet current volumes plus growth
(b) Empty parks are as Loading Managers Responsibil ity as have a legal obligation to truck queues and traffic management parks
Group made up Work their failure to adequately
address their responsl Managers wi I attract the applicable penalties
(d) Containerchain provides a catalyst to reduce driver fatigue
system also provides a catalyst improved truck turn around which will reduce operational costs nt truck utilisation for Container transport operators
markets potentially affected by conduct are transport and industry including container t t
proposed conduct would not nrpFgtn from offering the same types of services to industry including tralrlsport companies only be one website that
transport companies can use to book a slot with a container park It is not efficient for Port Melbourne Containers to provide the website itself and it would not be efficient to require transport companies to have to use a different website for each container park
The proposed conduct will have no detrimental effect on competition Port Melbourne Containers does not have a substantial degree of market power
3 Conclusions
For the reasons set out above we believe that the Commission should not serve a Notice under Section 93 of the Competition and Consumer Act 2010
set at $5 per
provision of a booking service a third line
Attachment A
Pty Ltd in support of Notification under Act 20 J0 (Commonwealth)
is made by Melbourne Containers Pty ACN 118 I 183 inThis Form G Notification attached
1 Overview of proposed conduct
(a) Melbourne Containers (Port Melbourne is a company that operates an container park situate at 37 Prohasky Street Port Melbourne
(b) Containerchain Pty Ltd is a private company that has developed a software program for the management of empty container parks
Melbourne Containers (While not
parks have
negotiated an arrangement with to this application a number ofother
arrangement with Containerchain) container transport companies that wish to drop off or pick up a container from Port Melbourne Containers will required to enter the relevant details in the website at wwwcontainerchaincom That information will fed through to the container park operator and various time will be offered to the
company as to when they can up or drop container transport company will pay a booking fee for this (currently
by Port Melbourne -~HL~U
(d) Port Melbourne Containers will be providing a full range of to transport operators both its and contractors under the proposed arrangements supply services by Port Melbourne
is not conditioned on the acquisition ofother services from another party
(e) At an in establishing the new Terms posted on website proposed by Containerchain provided for Containerchain to contract with transport operators for
proposed did not breach of 47(6) ofthe Act supplying on condition services were to be acquired another person However concerns to the that the proposed arrangement did contravene section 46(7) were expressed by the
live Furthermore
Transport and Transport Pty That was never put into because the
by
described in this notice in which supplies a package of services notification
services
(f) has problems having to access to container
unload containers was not only inefficient with long queues of lined up along
to enter the container parks system that Port have decided to implement will alleviate this
extent if not entirely
Public benefits and detriment
Port Melbourne companies and the significantly
By way of background it is
(a) The Port continues to increase in Container volumes and landside logistics efficiencies to meet current volumes plus growth
(b) Empty parks are as Loading Managers Responsibil ity as have a legal obligation to truck queues and traffic management parks
Group made up Work their failure to adequately
address their responsl Managers wi I attract the applicable penalties
(d) Containerchain provides a catalyst to reduce driver fatigue
system also provides a catalyst improved truck turn around which will reduce operational costs nt truck utilisation for Container transport operators
markets potentially affected by conduct are transport and industry including container t t
proposed conduct would not nrpFgtn from offering the same types of services to industry including tralrlsport companies only be one website that
transport companies can use to book a slot with a container park It is not efficient for Port Melbourne Containers to provide the website itself and it would not be efficient to require transport companies to have to use a different website for each container park
The proposed conduct will have no detrimental effect on competition Port Melbourne Containers does not have a substantial degree of market power
3 Conclusions
For the reasons set out above we believe that the Commission should not serve a Notice under Section 93 of the Competition and Consumer Act 2010
described in this notice in which supplies a package of services notification
services
(f) has problems having to access to container
unload containers was not only inefficient with long queues of lined up along
to enter the container parks system that Port have decided to implement will alleviate this
extent if not entirely
Public benefits and detriment
Port Melbourne companies and the significantly
By way of background it is
(a) The Port continues to increase in Container volumes and landside logistics efficiencies to meet current volumes plus growth
(b) Empty parks are as Loading Managers Responsibil ity as have a legal obligation to truck queues and traffic management parks
Group made up Work their failure to adequately
address their responsl Managers wi I attract the applicable penalties
(d) Containerchain provides a catalyst to reduce driver fatigue
system also provides a catalyst improved truck turn around which will reduce operational costs nt truck utilisation for Container transport operators
markets potentially affected by conduct are transport and industry including container t t
proposed conduct would not nrpFgtn from offering the same types of services to industry including tralrlsport companies only be one website that
transport companies can use to book a slot with a container park It is not efficient for Port Melbourne Containers to provide the website itself and it would not be efficient to require transport companies to have to use a different website for each container park
The proposed conduct will have no detrimental effect on competition Port Melbourne Containers does not have a substantial degree of market power
3 Conclusions
For the reasons set out above we believe that the Commission should not serve a Notice under Section 93 of the Competition and Consumer Act 2010
transport companies can use to book a slot with a container park It is not efficient for Port Melbourne Containers to provide the website itself and it would not be efficient to require transport companies to have to use a different website for each container park
The proposed conduct will have no detrimental effect on competition Port Melbourne Containers does not have a substantial degree of market power
3 Conclusions
For the reasons set out above we believe that the Commission should not serve a Notice under Section 93 of the Competition and Consumer Act 2010