Application by Chime Communications Pty Ltd (No 3) [2009] ACompT 4

AUSTRALIAN COMPETITION TRIBUNAL

Application by Chime Communications Pty Ltd (No 3) [2009] ACompT 4 TRADE PRACTICES – telecommunications access regime – market share condition imposed on exemption orders – meaning of "competition" and "market power"

Trade Practices Act 1974 (Cth) Pt XIC

Application by Chime Communications Pty Ltd (No 2) [2009] ACompT 2 Queensland Co Operative Milling Association Ltd, Re (1976) 8 ALR 481 Baldwin, R and Cave, M Understanding Regulation – Theory, Strategy, and Practice (1999) Cave, M 'Encouraging infrastructure competition via the ladder of investment' (2006) 30 Telecommunications Policy 223 Schmalensee, R 'Ease of Entry: Has the Concept Been Applied Too Readily?', in H First, E Fox and R Pitofsky (eds), Revitalizing Antitrust in Its Second Century 338 APPLICATION UNDER SECTION 152AV OF THE TRADE PRACTICES ACT 1974 (THE ACT) FOR A REVIEW OF AN EXEMPTION ORDER DECISION (INDIVIDUAL EXEMPTION ORDERS 1-4 OF 2008) MADE BY THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION (COMMISSION) IN RELATION TO TELSTRA CORPORATION LIMITED PURSUANT TO SECTION 152AT at (3)(a) OF THE ACT BY CHIME COMMUNICATIONS PTY LTD

File No 2 of 2008

justice finkelstein (president)

r davey

PROFESSOR ROUND

24 august 2009

MELBOURNE

IN THE AUSTRALIAN COMPETITION TRIBUNAL File No 2 of 2008

rE: APPLICATION UNDER SECTION 152AV OF THE TRADE PRACTICES ACT 1974 (THE ACT) FOR A REVIEW OF AN EXEMPTION ORDER DECISION (INDIVIDUAL EXEMPTION ORDERS 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 (CHIME)

Applicant

TRIBUNAL: JUSTICE FINKELSTEIN (PRESIDENT)