ACCC Functions and Telecommunications Role

1. ACCC Functions and Telecommunications Role Australian Communications and Media Authority & International Telecommunication Union International Training Program 2006 By Kate Michalak Communications Group Compliance Section Australian Competition and Consumer Commission

2. The ACCC (1) • The Australian Competition and Consumer Commission (ACCC) – independent statutory authority. • Formed in 1995 to administer the Trade Practices Act 1974 and other acts. • Promotes competition and fair trade in the market place. • Regulates national infrastructure services.

3. The ACCC (2) • Main role: to ensure that individuals and business comply with the Commonwealth competition, fair trading and consumer protection laws. • Does this through education and information. • Other roles: can authorise anti-competitive conduct, recommend dispute resolution and take legal action if necessary.

4. ACCC - Consumer Protection • ACCC role complements state and territory consumer affairs agencies (mirror legislation). • Deals with unfair practices i.e. misleading and deceptive conduct. • These include: • conditions and warranties in consumer contracts i.e. a condition that goods are fit for purpose • product safety and information i.e. product recalls and bans • country of origin claims and product liability.

5. ACCC – Anti-competitive Conduct • The ACCC enforces the provisions against anti-competitive conduct. • These include: • Section 45 – anti-competitive agreements like boycotts, price fixing • Section 46 – misuse of market power, vertical price squeeze, predatory pricing • Section 47 – exclusive dealing, third line forcing • Section 48 – resale price maintenance.

6. ACCC – Regulatory Role • ACCC regulates third party access to natural monopolies i.e. rail, telecommunications carriage services. • The AER is a constituent part of the ACCC and regulates the wholesale electricity market and electricity transmission networks in the national electricity market (NEM). • The AER will also be responsible for the economic regulation of gas transmission networks and enforcing the gas access code.

7. ACCC Communications Group • The ACCC has the following main telecommunications functions: • promotion of efficient competition through a telecommunications-specific access regime (Part XIC of the TPA) • helping competition work through conducting telecommunications-specific anti-competitive conduct (or enforcement) functions (Part XIB of the TPA) • various information gathering and record-keeping powers.

8. ACCC Communications Group • Communications Committee – chaired by one of the Commissioners. • The group has around 50 staff, most based in Melbourne and Sydney. • 2 branches: • Compliance and Regulatory Operations • Strategic Analysis and Development Branch

9. ACCC Communications Group Compliance and Regulatory Group: • Compliance Section • Regulatory Team 1 (fixed services) • Regulatory Team 2 (mobiles). • Strategic Analysis and Development Branch: • Regulatory Policy & Co-ordination Section • Operational Separation and Monitoring Section • Convergence Section

10. The Program Today • Session 1 – Why Regulate? Presented by Rob Albon Break • Session 2 – Overview of Part XIB Presented by Kate Michalak • Session 3 – Part XIB Case Study – Broadband Competition Notice Presented by Mark Rakers Lunch • Session 4 – Overview of Part XIC Presented by Michael Eady Break • Session 5 – Part XIC Case Study – Mobile Terminating Access Services (MTAS) Presented by Rob Albon