Pivotel Satellite Pty Limited v Optus Mobile Pty Limited [2009] FCA 1601

Pivotel Satellite Pty Limited v Optus Mobile Pty Limited [2009] FCA 1601

The applicant, Pivotel, established a serious question to be tried as to whether Optus's blocking of connectivity breached the anti-competitive conduct provisions of the Trade Practices Act 1974 (Cth). The balance of convenience favoured granting an interlocutory injunction, given serious public interest in interconnectivity, inability of damages to provide adequate relief, and the longstanding status quo of intercarrier connectivity.

Jurisdiction
Australia
Judgment Date
23 December 2009
Procedural Posture
Interlocutory Application / Application for Interlocutory Injunction
Outcome
Interlocutory injunction granted, pending further order of the court
Legal Topics
['interlocutory Injunction' 'anti Competitive Conduct' 'misuse of Market Power' 'interconnection in Telecommunications' 'balance of Convenience']
['competition Law' 'trade Practices' 'telecommunications Law'] ['interlocutory Injunction' 'anti Competitive Conduct' 'misuse of Market Power' 'interconnection in Telecommunications' 'balance of Convenience']

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Procedural Posture

Interlocutory Application / Application for Interlocutory Injunction

Legal Issues

  1. 1 ["Whether Optus's conduct in blocking access constitutes anti-competitive conduct under s 151AJ of the Trade Practices Act 1974 (Cth)" 'Whether balance of convenience favours granting an interlocutory injunction' 'Adequacy of undertaking as to damages']

Ratio Decidendi

The applicant, Pivotel, established a serious question to be tried as to whether Optus's blocking of connectivity breached the anti-competitive conduct provisions of the Trade Practices Act 1974 (Cth). The balance of convenience favoured granting an interlocutory injunction, given serious public interest in interconnectivity, inability of damages to provide adequate relief, and the longstanding status quo of intercarrier connectivity.

Court Disposition

Interlocutory injunction granted, pending further order of the court

Orders

  • ["Respondents to restore interconnectivity between their network and Pivotel's network as existed prior to 20 December 2009." 'Respondents restrained from blocking interconnectivity between their network and the applicant’s network other than as was in place before 20 December 2009.' "Respondents restrained from...