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"As part of the National Broadband Network reforms, NBN Co and other providers of wholesale superfast telecommunications services are prohibited from discriminating between their customers. The ACCC has a role under the CCA (Competition and Consumer Act 2010) to prepare explanatory material and enforce the non-discrimination provisions.
"Under the ACCC's approach, if more favourable supply terms are only offered to a limited number of customers the ACCC will consider this to be discriminatory, except in limited circumstances."
'These guidelines reflect the ACCC's approach to interpreting and enforcing the non-discrimination provisions. They are designed to provide guidance to industry on when the ACCC will consider that network providers such as NBN Co have acted in a discriminatory manner,' ACCC commissioner Ed Willett said.
'The guidelines do not preclude other parties that are affected by a contravention of the provisions from taking action under the CCA.'
'The ACCC has not sought to identify in its guidelines every example of conduct that may contravene the non-discrimination provisions. Rather, it has taken a pragmatic approach to the provisions to ensure that competition and efficient outcomes are not undermined,' Mr Willett said.
