Application by Vodafone Network Pty Ltd & Vodafone Australia Limited [2007] ACompT 1

AUSTRALIAN COMPETITION TRIBUNAL

Application by Vodafone Network Pty Ltd & Vodafone Australia Limited [2007] ACompT 1 TRADE PRACTICES – application pursuant to s 152CE(1) of the Trade Practices Act 1974 (Cth) – application for review of decision of Australian Competition and Consumer Commission to reject access undertaking – mobile terminating access service – whether terms of the undertaking are reasonable – efficiency of costs – benchmark efficient operator – fully allocated cost model – pass through safeguard

Trade Practices Act 1974 (Cth): ss 103(1)(c), 152AA, 152AB(1), 152AH, 152AL, 152AQA, 152AR, 152BS, 152BV(2) 152BU(2), 152CE(1), 152CF, Pt XIC Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth): ss 154, 155

Telstra Corporation Limited [2006] ACompT 4, applied Application by Optus Mobile Pty Limited & Optus Networks Pty Limited [2006] ACompT 8, applied Re Seven Network (No 4) (2004) 187 FLR 373, approved Re Michael; Ex parte Epic Energy (WA) Nominees Pty Ltd (2002) 25 WAR 511, cited Application by East Australian Pipeline Limited [2004] ACompT 8; [2005] ACompT 3, cited File No 4 of 2006 RE: APPLICATION FOR REVIEW OF THE FINAL DECISION OF THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION DATED 31 MARCH 2006 IN RELATION TO THE ORDINARY ACCESS UNDERTAKING LODGED BY VODAFONE NETWORK PTY LTD AND VODAFONE AUSTRALIA LIMITED FOR THE GSM TERMINATING ACCESS SERVICE

BY: VODAFONE NETWORK PTY LTD and VODAFONE AUSTRALIA LIMITED Applicants JUSTICE GOLDBERG (PRESIDENT), MR R DAVEY and MR R SHOGREN 11 JANUARY 2007 MELBOURNE IN THE AUSTRALIAN COMPETITION TRIBUNAL

File No 4 of 2006 RE: APPLICATION FOR REVIEW OF THE FINAL DECISION OF THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION DATED 31 MARCH 2006 IN RELATION TO THE ORDINARY ACCESS UNDERTAKING LODGED BY VODAFONE NETWORK PTY LTD AND VODAFONE AUSTRALIA LIMITED FOR THE GSM TERMINATING ACCESS SERVICE