Formal warning to NBN Co for breach of non-discrimination obligations

On 8 October 2019, the ACCC issued a formal warning to NBN Co under subsection 103(4) of the Telecommunications Act 1997 (Cth) in relation to a contravention of the service provider rule set out in subsection 152BA(2) of the Competition and Consumer Act 2010 (Cth) (CCA). The ACCC is satisfied that NBN Co contravened the service provider rule by failing to comply with the non-discrimination obligations in section 152AXD of the CCA when building fibre infrastructure and other related activities to supply wholesale business grade NBN services.

On 8 October 2019, the ACCC accepted an undertaking from NBN Co under section 87B of the CCA to address the non-discrimination and transparency concerns about NBN Co’s conduct in the supply of wholesale business grade services and related build activities.