Access
Overview
The question whether an industry participant is obliged to give access to another person, on what terms, and in what circumstances, has become one of the most important competition law issues.
Traditionally, Australian competition law has regarded this issue as one for private negotiation between the parties and, if those negotiations fail, for those parties to bring proceedings in court.
The statutory access regimes also allow industry participants to establish their own access regimes. Drafting and administering these regimes involves a proper understanding of industry needs and principles of access pricing.
Our competition law team advises on the legal and economic issues with compulsory access to a facility or service, the proper pricing principles involved, negotiations and dealings with the National Competition Council, the ACCC and State-based regulators, and drafting access regimes.
The question whether an industry participant is obliged to give access to another person, on what terms, and in what circumstances, has become one of the most important competition law issues.
Traditionally, Australian competition law has regarded this issue as one for private negotiation between the parties and, if those negotiations fail, for those parties to bring proceedings in court.
The statutory access regimes also allow industry participants to establish their own access regimes. Drafting and administering these regimes involves a proper understanding of industry needs and principles of access pricing.
Our competition law team advises on the legal and economic issues with compulsory access to a facility or service, the proper pricing principles involved, negotiations and dealings with the National Competition Council, the ACCC and State-based regulators, and drafting access regimes.