Australian Competition and Consumer Commission

05/06/2021 | Press release | Distributed by Public on 05/05/2021 20:32

ACCC re-authorises South Australian oyster levy

The ACCC has granted authorisation to enable the South Australian Oyster Growers Association (SAOGA), the South Australian Oyster Research Council (SAORC), oyster hatcheries and oyster growers to continue to charge a levy on purchases of juvenile oysters (spat) by oyster growers. The levy is used to fund South Australian oyster-industry research and development activities.

The arrangement is likely to result in public benefit by continuing to facilitate the availability of more funding, greater coordination of research and development for the South Australian oyster industry, and the dissemination of the results of this research and development, compared to a situation with no levy arrangement in place.

The ACCC considers that the arrangement is unlikely to result in anti-competitive supply restrictions because it includes a refund scheme which allows growers to choose not to participate in the arrangement without their supply of oyster spat being jeopardised.

Authorisation does not permit the hatcheries to collectively refuse to supply spat to an oyster grower if the grower decides not to, or cannot, pay the levy.

The levy was first authorised in 1999 and is used by the SAORC for oyster-industry research and development.

Authorisation is granted until 28 May 2031.

Further information about the ACCC's determination is available on the ACCC public register at: South Australian Oyster Growers' Association Inc

Published date:
6 May 2021

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