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The ACCC's claim that NSW Ports stymied competition when it signed a 50-year agreement with the state to be compensated if the Port of Newcastle built a container terminal was based on "mere speculative hopes", a judge found in tossing the competition watchdog's regulatory action.
The ACCC has lost its regulatory action against NSW Ports alleging a 50-year agreement with the state, signed when Port Botany and Port Kembla were privatised in 2013, was anti-competitive.
NSW Ports Operations has denied claims that an agreement for the privatisation of its subsidiaries Port Botany and Port Kembla stymied competition, describing the allegations made by the Australian Competition and Consumer Commission as "slight or hypothetical".