• ACCC will not oppose Qube's proposed acquisition of MIRRAT
• Undertaking prevents Qube, AAT and MIRRAT from discriminating against downstream rivals
• Undertaking imposes additional obligations on AAT's operations at other ports

The ACCC will not oppose Qube Holdings Limited's (ASX:QUB) proposed acquisition of Melbourne International RoRo & Auto Terminal Pty Ltd (MIRRAT), after accepting a court-enforceable undertaking to remedy competition concerns. The undertaking prevents Qube, its subsidiary Australian Amalgamated Terminals Pty Ltd (AAT) and MIRRAT from discriminating against downstream rivals at Webb Dock West at the Port of Melbourne. The undertaking also imposes additional obligations on AAT in relation to its operations at Port Kembla in NSW, Fisherman Islands in Queensland and Appleton Dock in Melbourne. The ACCC's investigations focused on the acquisition's impact on competition in downstream services, such as automotive stevedoring and pre-delivery inspection (PDI) services at the Port of Melbourne, as well as Qube's operation of the three major automotive terminals on the east coast of Australia. The ACCC concluded that, in the absence of adequate safeguards, Qube, through its ownership of MIRRAT, would likely have the ability and incentive to discriminate against rival stevedores and PDI providers. The undertaking requires AAT and MIRRAT to comply with various obligations, including non-discrimination, dispute resolution processes, access and berthing allocation rules, and restrictions on tariff changes. The new undertaking will cover all of AAT and MIRRAT's east coast automotive terminals and is expected to be in place perpetually.