1 Sept 2010
THE COMMERCE COMMISSION V TELECOM CORPORATION OF NEW ZEALAND LIMITED AND ANOR SC 76/2009
- Citation
- THE COMMERCE COMMISSION V TELECOM CORPORATION OF NEW ZEALAND LIMITED AND ANOR SC 76/2009
- Court
- Supreme Court
The court applied the counterfactual/comparative test: to establish use of dominance the Commission had to prove on the balance of probabilities that Telecom would not have introduced the 0867 package in a workably competitive market; the Commission failed to discharge that burden because the evidence did not show that a non‑dominant firm would have refrained from adopting an analogous measure to address termination‑charge asymmetry and congestion; accordingly Telecom did not use its dominance and the appeal was dismissed.