Telstra Corporation Limited (ACN 051 775 556) [2006] ACompT 4

AUSTRALIAN COMPETITION TRIBUNAL

Telstra Corporation Limited (ACN 051 775 556) [2006] ACompT 4 TRADE PRACTICES – telecommunications access regime – application for review of decision of Australian Competition and Consumer Commission to reject access undertaking – line sharing service – whether monthly charge is reasonable – whether it promotes the long-term interests of end-users –– whether it promotes competition in markets for listed services – efficiency of capital costs – allocation of costs – levelisation of costs PRACTICE AND PROCEDURE – review function of Tribunal – whether parties limited to submissions made before the Australian Competition and Consumer Commission Trade Practices Act 1974 (Cth): Pt XIC, ss 152AB, 152AH, 152AL, 152AR, 152BS, 152BU, 152BV, 152CE, 152CF, 152CGB Telecommunications Act 1997 (Cth): s 7 Application by GasNet Australia (Operations) Pty Ltd (2004) ATPR 41-978, applied The Queen v Hunt; Ex parte Sean Investments Pty Ltd (1979) 180 CLR 322, applied No 1 of 2006 RE: FINAL DECISION BY THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION DATED DECEMBER 2005 PURSUANT TO SECTION 152BUINRESPECTOFANORDINARY ACCESS UNDERTAKING SUBMITTED BY TELSTRA CORPORATION LIMITED FOR THE LINE SHARING SERVICE BY: TELSTRA CORPORATION LIMITED (ACN 051 775 556) Applicant GOLDBERG J (President), MR ROBIN DAVEY & PROFESSOR DAVID ROUND 2 JUNE 2006 MELBOURNE

IN THE AUSTRALIAN COMPETITION TRIBUNAL No 1 of 2006

RE: FINAL DECISION BY THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION DATED DECEMBER 2005 PURSUANT TO SECTION 152BUINRESPECTOFANORDINARYACCESS UNDERTAKING SUBMITTED BY TELSTRA CORPORATION LIMITED FOR THE LINE SHARING SERVICE BY: TELSTRA CORPORATION LIMITED (ACN 051 775 556)

Applicant THE TRIBUNAL: GOLDBERG J (President) MR ROBIN DAVEY & PROFESSOR DAVID ROUND DATE OF DETERMINATION: 2 JUNE 2006