THE COMMERCE COMMISSION V TELECOM CORPORATION OF NEW ZEALAND AND ANOR SC 76/2009
Leave to appeal was granted to determine whether the Court of Appeal erred in applying a counterfactual test and thereby wrongly concluded that Telecom had not abused a dominant position by introducing the 0867 service.
Source-derived case information.
- Citation
- SC 76/2009
- Parties
- Appellant: The Commerce Commission; Respondent: Telecom Corporation of New Zealand and Anor
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 30 October 2009
- Procedural Posture
- Appeal (competition Law) / Leave to Appeal Granted
- Outcome
- Application for leave to appeal granted; approved ground identified concerning application of counterfactual test and whether Telecom abused a dominant position.
- Legal Topics
- Abuse of Dominance, Market Definition, Counterfactual Test, Market Power, Retail and Wholesale Markets
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Commerce Commission
Appellant
Telecom Corporation of New Zealand and Anor
Respondent
Procedural Posture
Appeal (competition Law) / Leave to Appeal Granted
Legal Issues
- 1 Whether the Court of Appeal erred in applying a counterfactual test
- 2 Whether Telecom used a dominant position in the national retail market for fixed-line residential customers and/or the national wholesale market for network access by introducing the 0867 service
Ratio Decidendi
Leave to appeal was granted to determine whether the Court of Appeal erred in applying a counterfactual test and thereby wrongly concluded that Telecom had not abused a dominant position by introducing the 0867 service.
Court Disposition
Application for leave to appeal granted; approved ground identified concerning application of counterfactual test and whether Telecom abused a dominant position.
Orders
- Application for leave to appeal granted
- Approved ground specified: whether the Court of Appeal erred in applying a counterfactual test and consequently in concluding Telecom had not used a dominant position in the national retail market for fixed-line residential services and/or the national wholesale market for network access by introducing the 0867 service
Full Case Text
Judgment text and source record
1 paragraphs
THE COMMERCE COMMISSION V TELECOM CORPORATION OF NEW ZEALAND AND ANOR SC 76/2009 30 October 2009IN THE SUPREME COURT OF NEW ZEALAND SC 76/2009 [2009] NZSC 113BETWEEN THE COMMERCE COMMISSION Appellant AND TELECOM CORPORATION OF NEW ZEALAND AND ANOR Respondents Court: Elias CJ, Blanchard and Tipping JJ Counsel: J A Farmer QC and G M Coumbe for Appellant J E Hodder SC and P R Jagose for Respondents Judgment: 30 October 2009JUDGMENT OF THE COURT A The application for leave to appeal is granted. B The approved ground is whether the Court of Appeal erred in: (i) applying a counterfactual test; and in (ii) consequently concluding that in introducing the 0867 service Telecom had not used a dominant position in the national retail market for fixed-line telephone services to residential customers and/or the national wholesale market for network access.Solicitors: Commerce Commission, Wellington for Appellant Chapman Tripp, Wellington for Respondents