Abstract
Australia has introduced a new legislative package that is designed to provide a generic access regime. This choice was made after considering the New Zealand model where access is governed by general anti-monopoly provisions of its legislation, the US essential facilities doctrine that has developed out of case law, and the British model where regulations are developed at the industry level. Australia has chosen a middle way. Its new structure depends on a specific insertion into competition law to create the right of access to certain classes of facility on certain terms. The terms and conditions are complex. This complexity creates the possibility of gaming and, it is argued in this paper, significantly reduces the potential for efficiency gains.
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