The Australian Competition and Consumer Commission today issued the draft Telecommunications Competition Notice Guideline.

"Under the Trade Practices Act, the ACCC can issue a competition notice stating that it believes a carrier or carriage service provider is engaging in anti-competitive conduct," ACCC Chairman, Professor Allan Fels, said today. "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. "

"These penalties are, for a corporation, $10 million for each contravention and $1 million for each day that the contravention continued, and for a person other than a body corporate $500,000 for each contravention". The draft guideline follows industry consultation and reflects legal advice and other comments received. "Also, as part of its education program, the ACCC has developed an information paper, Anti-competitive Conduct in Telecommunications Markets," Professor Fels said.

"The paper outlines the approach the ACCC will usually take in analysing allegations of anti-competitive conduct in telecommunications markets. The ACCC expects that, given the evolutionary nature of the telecommunications industry, and the changes to take place after July 1 1997, further information papers on the ACCC's role will be published." Written submissions on the draft should be received by the ACCC by 2 June 1997. A public forum will be held at the ACCC's Melbourne office on Friday June 13 to discuss the issues raised.

Copies of the draft guideline, the information paper and other ACCC publications will be available on the ACCC's web site http://www.accc.gov.au

Further information Professor Allan Fels, Chairman, (06) 264 2829 or pager (016) 373 536 Ms Lin Enright, Director, Public Relations, (06) 264 2808