Telstra has won its Federal Court action against the ACCC. The court found that the Consultation Notice issued to Telstra differed from the final Competition Notice to such an extent that Telstra had been denied procedural fairness.
aaNet Communications Pty Ltd has brought an interesting and potentially ground-breaking claim against Telstra in the Federal Court, claiming predatory pricing in contravention of section 46 of the Trade Practices Act. The decision could be of critical importance in breathing new life in recovering under the notoriously difficult section 46.
G9, the consortium of telecommunication companies attempting to develop a rival proposal to Telstra’s Fibre-to-the-node (FTTN) high-speed broadband network has lodged a draft special access undertaking with the ACCC. Although the draft undertakings have not been made public, the ACCC announcement gives some information about expected pricing.
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For information regarding possible implications for your business, contact a member of the Competition & Market Regulation team.