ACCC clears Qube to finalise MIRRAT acquisition subject to undertaking

Freight & Trade Alliance (FTA) and the Australian Peak Shippers Association (APSA) have received information from the Australian Competition & Consumer Commission (ACCC) regarding Qube Holdings Limited (Qube) proposed acquisition of Melbourne International RoRo & Auto Terminal Pty Ltd (MIRRAT).

The ACCC have today formally announced it will not oppose the acquisition of MIRRAT by Qube, subject to a court-enforceable section 87B Undertaking.

Qube, through its subsidiary Australian Amalgamated Terminals Pty Ltd (AAT), will now take control of MIRRAT's operations at Webb Dock West, adding to its existing footprint at Port Kembla (NSW), Fisherman Islands (QLD) and Appleton Dock (VIC).

The ACCC had serious concerns about the deal, citing the risk that Qube could use its control of upstream terminals to disadvantage downstream rivals in the supply of:

• Automotive stevedoring services, and
• Pre-delivery inspection (PDI) services.

To address this, Qube, AAT, and MIRRAT have entered into a new perpetual Undertaking, which replaces previous undertakings from 2016 and 2018.
Key provisions include:

• Non-discriminatory open access at terminals including Port Kembla, Brisbane, Appleton Dock, and now Webb Dock West.
• Ring-fencing of confidential information to prevent sharing with Qube's downstream businesses (like Prixcar and Qube Ports).
• Independent dispute resolution mechanisms covering both price and non-price matters.
• Mandatory compliance audits and public reporting of Key Performance Indicators (KPIs).
• Clear berthing allocation rules, with variation processes and dispute avenues.

The Undertaking strictly prohibits:

• Preferential treatment for Qube-owned service providers,
• Bundling terminal services with stevedoring/PDI services,
• Offering more favourable storage or equipment use terms to Qube-related entities.

The Undertaking is perpetual and includes a mechanism for ACCC-initiated reviews every five years (or sooner under specific conditions).

•  ACCC Media Release
• ACCC - Qube / MIRRAT Merger Register Website
• Undertaking to the ACCC s87B

A Public Competition Assessment is expected from the ACCC shortly.

With the ACCC's decision, FTA/APSA will continue to advocate for strong oversight of the Undertaking to ensure the rules designed to prevent discrimination and protect fair access are upheld. As the consolidation of supply chain infrastructure continues, we remain steadfast in representing members' interests, particularly where vertical integration risks reducing competition and limiting service options.


Tom Jensen - General Manager Freight Policy & Operations - FTA / APSA

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