4 Aug 2009
COMMERCE COMMISSION V TELECOM CORPORATION OF NZ LTD AND ANOR CA CA288/2008
- Citation
- openlaw-bfcb7e2f_4dbc_4014_b1b0_f83c85d772b6.pdf
- Court
- Court of Appeal
The Court upheld the High Court: although Telecom was dominant in the relevant terminating access market, the 0867 conduct was not unlawful under s36 because a properly constructed counterfactual showed a non-dominant firm in the assumed competitive market could rationally have introduced 0867 to address termination arbitrage and congestion; therefore Telecom did not 'use' its dominance for an anti-competitive purpose and the appeal is dismissed.