Aerial view of the M4 Western Motorway outside of Parramatta. Credit: Beau Giles.

The Australian Competition and Consumer Commission (ACCC) has launched a consultation on a proposed undertaking offered by Transurban.

Transurban is the lead member of the Sydney Transport Partners consortium, which has proposed to acquire a 51% stake in the A$16.8bn ($12.4bn) WestConnex motorway.

In its undertaking, Transurban has proposed to publish detailed traffic data for all toll roads in New South Wales (NSW) that it owns an interest in.

This data is expected to be more detailed and accurate compared to data that is currently available or has been shared with bidders for WestConnex.

Earlier in May, the ACCC released a statement of issues pertaining to the preliminary competition concerns. One issue raised was that Transurban would be in an advantageous position in obtaining future toll road concessions as it has access to detailed traffic data from existing toll roads.

“To alleviate ACCC concerns, Transurban has agreed to provide an undertaking to the ACCC that it will publish 15-minute interval toll gantry data each quarter.”

ACCC chair Rod Sims said: “Some of the feedback from the industry has indicated that Transurban’s rivals may have trouble competing on an equal footing for future toll road concessions because they do not have the level of data that Transurban has.

“Given the short timeframe to review the proposed acquisition, the ACCC has decided to release Transurban’s proposed undertaking for consultation before reaching concluded views on these issues.”

To alleviate ACCC concerns, Transurban has agreed to provide an undertaking to the ACCC that it will publish 15-minute interval toll gantry data each quarter. The data includes vehicle count, vehicle classification such as vehicle type and direction of traffic flow.

Transurban has proposed to publish the data for the toll roads, including M2, Lane Cove Tunnel, Cross City Tunnel, M1, WestConnex, and any other toll road in the state that Transurban secures an interest in.

If its partners allow, Transurban will also publish data with the same level of detail for the M5, Westlink M7 and NorthConnex. However, if the company fails to obtain consent, it will publish a more aggregated set of data for the roads.

The ACCC has now urged the market participants to share their views about the proposed undertaking and whether it is likely to alleviate potential competition concerns on or before 15 August.