Application by Chime Communications Pty Ltd [2008] ACompT 4

AUSTRALIAN COMPETITION TRIBUNAL Application by Chime Communications Pty Ltd [2008] ACompT 4

TRADE PRACTICE – Telecommunications access regime – application for review - declared services – the local call service and the wholesale line rental service – application for exemption from standard access obligations – whether decision discretionary – whether the unconditioned local loop service is a substitute - whether possible to adopt a rule of thumb – need for empirical evidence - factors to be taken into account

Trade Practices Act 1974 (Cth), Pt XIC, ss 152AB, 152AL, 152ALA, 152AQA, 152AT, 152AW, 152CLA(1)

Seven Network Limited (No 1), Re (2004) 187 FLR 351 Sydney Airports Corporation Ltd, Re (2000) 156 FLR 10 Telstra Corporation Ltd (No 3), Re (2007) 242 ALR 482

RE: APPLICATIONS UNDER SECTION 152AV OF THE TRADE PRACTICES ACT 1974 (THE ACT) FOR A REVIEW OF AN EXEMPTION ORDER DECISION (INDIVIDUAL EXEMPTION ORDER NOS. 1 – 4 OF 2008) MADE BY THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION (COMMISSION) IN RELATION TO TELSTRA CORPORATION LIMITED PURSUANT TO SECTION 152AT(3)(a) OF THE ACT BY: CHIME COMMUNICATIONS PTY LTD File No 2 of 2008 Justice Finkelstein (President), R Davey, Professor D Round 22 DECEMBER 2008 MELBOURNE

IN THE AUSTRALIAN COMPETITION TRIBUNAL

File No 2 of 2008

RE: APPLICATIONSUNDER SECTION 152AV OF THE TRADE PRACTICES ACT 1974 (THE ACT) FOR A REVIEW OF AN EXEMPTION ORDER DECISION (INDIVIDUAL EXEMPTION ORDER NOS. 1 – 4 OF 2008) MADE BY THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION (COMMISSION) IN RELATION TO TELSTRA CORPORATION LIMITED PURSUANT TO SECTION 152AT(3)(a) OF THE ACT BY: CHIME COMMUNICATIONS PTY LTD Applicant

JUDGE: JUSTICE FINKELSTEIN (PRESIDENT)

R Davey

Professor D Round