| Telstra scores court win over ACCC |
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| by Stuart Corner | |
| Friday, 06 April 2007 | |
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Telstra opened its press release by saying that "the Federal Court ruled the ACCC acted illegally in issuing a competition notice to Telstra almost a year ago." But if you read right through to the end of the backgrounder, past the attacks on the ACCC and the chronology of developments you get the real story. Two key events in this chronology were: "On December 22 [2005] Telstra was issued with a consultation notice and given until January 27 to provide a written submission in response," and: "On 13 April 2006 Telstra was issued with a competition notice which raised different concerns to the consultation notice, including introducing the new concept of an anti-competitive price squeeze in the low-spend consumer market." These differences are the key to the ruling in favour of Telstra, as Telstra explains at the very end of its press release. "Justice Bennett rules the notices were invalid (not in compliance with Pt XIB [of the Trade Practices Act] and procedural fairness) because they were materially different and so Telstra was not afforded a proper opportunity to make submissions to the ACCC about the matters dealt with in the competition notice." |
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