The Australian Competition and Consumer Commission today issued its Competition Notice Guideline, which the ACCC must have regard to when deciding whether to issue a competition notice in response to anti-competitive conduct within the telecommunications industry.
From 1 July 1997, the Trade Practices Act empowers the ACCC to issue a competition notice stating that, in the ACCCs view, a carrier or carriage service provider is engaging in anti-competitive conduct. After the notice has been issued and while it is in force, the ACCC may seek and recover pecuniary penalties and a third party can seek injunctive relief or damages resulting from the anti-competitive conduct. Under the Act, the ACCC must have regard to any guidelines which are in force when deciding whether to issue a competition notice.
The release of the Guideline follows extensive consultation with industry and other stakeholders concerning the ACCCs obligation to produce guidelines in the lead-up to the liberalisation of the telecommunications industry on 1 July 1997. That process has included a Discussion Paper, an Information Paper and a public forum held in Melbourne on 13 June 1997, as well as the release for comment of two draft Guidelines.
"By issuing the Guideline, the ACCC hopes to provide industry participants and the community with a degree of certainty as to the ACCCs role in the telecommunications industry," the ACCC Commissioner responsible for the telecommunications industry, Mr Rod Shogren, said today. "Once the ACCC has formed a view in good faith and on reasonable grounds that the competition rule has been contravened, the power to issue a competition notice is discretionary. The Guideline now becomes an integral component in the exercise of that discretion. It allows carriers and carriage service providers to know what matters the ACCC will have regard to when deciding whether to issue a notice.
"The Guideline reflects the ACCC's belief that competition notices need to be viewed as another tool in furthering the objective of the Act - which is to enhance the welfare of Australians through the promotion of competition and fair trading, while protecting consumers. It will also assist the ACCC to respond swiftly to anti-competitive conduct, which is a key objective of the competition notice regime."
Copies of the Competition Notice Guideline, as well as other Commission publications will be available on the ACCCs website at Competition Notice Guideline
Further information Mr Rod Shogren, Commissioner, (06) 264 1415 or (06) 0414 613 521 Ms Lin Enright, Director, Public Relations, (06) 264 2808
From 1 July 1997, the Trade Practices Act empowers the ACCC to issue a competition notice stating that, in the ACCCs view, a carrier or carriage service provider is engaging in anti-competitive conduct. After the notice has been issued and while it is in force, the ACCC may seek and recover pecuniary penalties and a third party can seek injunctive relief or damages resulting from the anti-competitive conduct. Under the Act, the ACCC must have regard to any guidelines which are in force when deciding whether to issue a competition notice.
The release of the Guideline follows extensive consultation with industry and other stakeholders concerning the ACCCs obligation to produce guidelines in the lead-up to the liberalisation of the telecommunications industry on 1 July 1997. That process has included a Discussion Paper, an Information Paper and a public forum held in Melbourne on 13 June 1997, as well as the release for comment of two draft Guidelines.
"By issuing the Guideline, the ACCC hopes to provide industry participants and the community with a degree of certainty as to the ACCCs role in the telecommunications industry," the ACCC Commissioner responsible for the telecommunications industry, Mr Rod Shogren, said today. "Once the ACCC has formed a view in good faith and on reasonable grounds that the competition rule has been contravened, the power to issue a competition notice is discretionary. The Guideline now becomes an integral component in the exercise of that discretion. It allows carriers and carriage service providers to know what matters the ACCC will have regard to when deciding whether to issue a notice.
"The Guideline reflects the ACCC's belief that competition notices need to be viewed as another tool in furthering the objective of the Act - which is to enhance the welfare of Australians through the promotion of competition and fair trading, while protecting consumers. It will also assist the ACCC to respond swiftly to anti-competitive conduct, which is a key objective of the competition notice regime."
Copies of the Competition Notice Guideline, as well as other Commission publications will be available on the ACCCs website at Competition Notice Guideline
Further information Mr Rod Shogren, Commissioner, (06) 264 1415 or (06) 0414 613 521 Ms Lin Enright, Director, Public Relations, (06) 264 2808