On 13 November 2020, the ACCC proposed to make a new determination relating to permitted information sharing for retailers and wholesalers bound by the same joint functional separation undertaking. The proposed determination replicated existing information sharing provisions specified in section 9 of the Telecommunications (Deemed Functional Separation Undertaking) Determination 2020.
The consultation sought views on permitting the following specified information provided by carriers and carriage service providers to a retailer to be disclosed to, or obtained, accessed and used by, a wholesaler bound by the same joint functional separation undertaking:
- wholesale pricing
- other terms and conditions
- network coverage information.
The purpose of these provisions is to enable retailers to obtain equivalent offers from wholesalers subject to the same joint functional separation undertaking.
The ACCC set out the proposed Determination and sought feedback from interested stakeholders before making the final Determination. Submissions closed Monday 23 November 2020.
The final determination and explanatory statement are available on the ACCC’s website at: Joint functional separation undertakings - permitted information sharing - Final determination.