Abstract

Abstract This article reviews the Privy Council's appeal judgment between Clear Communications and the Telecom Corporation over the price of access for local loop telecommunications interconnection. The judgment reflects four years of negotiation and two years of court proceedings between the two parties. The Council's decision that use of the Bamoul-Willig pricing model did not have an anticompetitive purpose in terms of New Zealand law has a number of important ramifications for New Zealand's light-handed regulatory environment. This article provides background to the case, examines the judgment and draws implications from and consequences for regulatory policy in New Zealand.

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