Duke Eastern Gas Pipeline Pty Ltd [2001] ACompT 2

AUSTRALIAN COMPETITION TRIBUNAL Duke Eastern Gas Pipeline Pty Ltd [2001] ACompT 2 TRADE PRACTICES – access to pipelines – application for review of the decision of the Minister for Industry, Science and Resources to cover the Eastern Gas Pipeline – pipeline must be covered if Tribunal satisfied of criteria (a), (b), (c) and (d) of s 1.9 of the National Third Party Access Code for Natural Gas Pipeline Systems – whether access or increased access to services provided by means of the pipeline would promote competition in at least one market other than the market for the services provided by means of the pipeline under criterion (a) – construction of "access" – construction of "services provided by means of the pipeline" – construction of "promote competition" – definition of market – whether coverage of the pipeline would promote competition in upstream or downstream markets to a greater extent than existing voluntary access – existence of spare capacity in pipelines – whether long term contracts will restrict competition – existence of market power. Whether it would be economic for anyone to develop another pipeline to provide the services provided by means of the pipeline under criterion (b) – whether existing pipelines should be considered in determining whether criterion (b) is satisfied – construction of "uneconomic" – whether for a likely range of demand for the services provided by means of the pipeline it would be more efficient, in terms of costs and benefits to the community as a whole, for one pipeline to provide those services rather than more than one – unnecessary for the Tribunal to give independent consideration to criterion (d) WORDS AND PHRASES – "to develop another pipeline" – "uneconomic" – "services provided by means of the pipeline" – "access" – "promote competition" Trade Practices Act (1974) (Cth) Part IIIA Gas Pipelines Access (Victoria) Act 1998 (Vic) Gas Pipelines Access (NSW) Act 1998 (NSW) Gas Pipelines Access (South Australia) Act 1997 (SA), Sch1 Sherman Anti-Trust Act 1890 (USA) s 2 Competition Policy Reform Act 1995 (Cth) Moomba to Sydney Pipeline System Sale Act 1994 (Cth)