Discussion paper10 Nov 2005

The ACCC released a discussion paper on Foxtel's SAU on 10 November 2005. Submissions on the undertaking were due by 14 February 2006. The ACCC also made a number of requests for further information to Foxtel under section 152CBB of the Act.

Submissions and consultancy reports

Request for further information

Access to confidential materials

Attachments 3, 4, 6, 8-13, 15 and 19

To obtain the confidential versions of attachments 3, 4, 6, 8-13, 15 and 19:

  • execute the proforma confidentiality undertaking 
  • contact Jacqueline Downes of Allens Arthur Robinson on 02 9230 4850, fax 02 9230 5333 or jacqueline.downes@aar.com.au.

Foxtel proposes that disclosure be limited to external legal advisers and independent experts retained by third parties.

Foxtel will consider requests and, within three business days of receipt of the executed confidentiality undertaking, will either not accept the undertaking or provide the confidential versions of the attachments.

Attachment 2

To obtain the confidential version of attachment 2:

  • contact Jacqueline Downes of Allens Arthur Robinson on 02 9230 4850
  • provide the name(s) of persons wishing to view the information and their firms.

Foxtel proposes that disclosure be limited to external legal advisers and independent experts retained by third parties.

Once a request is provided, Allens Arthur Robinson will seek the consent of those third parties and make reasonable endeavours to notify the interested party within seven business days as to whether consent has been granted.

In the case where the third parties consent to the provision of the confidential materials, then those interested persons will need to execute an appropriate undertaking. Foxtel will, within three business days of receipt of the executed confidentiality undertaking, provide the confidential versions of the attachments.

Attachment 16

Telstra has claimed confidentiality over certain material in attachment 16.

To obtain the confidential version of attachment 16:

  • execute the proforma confidentiality undertaking attached below
  • contact Peta Stevenson of Mallesons Stephen Jaques on 02 9296 2092, fax 02 9296 3999 or peta.stevenson@mallesons.com.

Telstra is proposing that disclosure be limited to external legal advisers and independent experts retained by third parties.

Telstra will consider requests and, within three business days of receipt of the executed confidentiality undertaking, will either not accept the undertaking or provide the confidential version of the attachment.

ACCC contact

Any queries about the processes set out above may also be directed to:

Louise Hird
Communications Group
Australian Competition and Consumer Commission
Phone: 03 9290 1484
Fax: 03 9663 3699
Email: louise.hird@accc.gov.au