The ACCC has released draft Part IIIA access undertaking guidelines for public comment.
A service provider (or a person who expects to be the provider of a service) may give an access undertaking to the ACCC for assessment under Part IIIA.
An access undertaking may include the terms and conditions on which the service provider will offer access, the price for the service, and dispute resolution processes in the event the parties cannot agree. Once accepted by the ACCC, an access undertaking is court enforceable and the relevant service(s) cannot be declared by the Minister under Part IIIA.
The draft guidelines provide information about the ACCC’s processes for assessing access undertaking applications. The draft guidelines also discuss how to draft an access undertaking and cover the types of provisions that applicants may consider including in their proposed undertakings. The material in the draft guidelines is based on the provisions in Part IIIA and the ACCC’s experience to date assessing Part IIIA access undertakings.
The ACCC invites public submissions on the draft guidelines by Tuesday 7 June 2016.
For the draft guidelines and information on how to make a submission visit the ACCC's consultation hub.