ACCC disregards Telstra's claims of progress in negotiations

The Australian Competition and Consumer Commission (ACCC) has responded to Telstra's claims the telco has negotiated commercial arrangements with 60 percent of its wholesale customers, saying in real terms "it doesn't account for much".

The telecommunications giant was issued with a "Part A" competition notice last Friday following an ACCC investigation of alleged anti-competitive conduct; the action came as a response to Telstra lowering the price of its entry-level retail plans below that of wholesale broadband connections.

ACCC Commissioner, Ed Willett, says it is difficult to determine Telstra's progress in responding to the competition notice as it is the "quality of the negotiations" that will be evaluated.

"The fact that some negotiations have been concluded doesn't account for much", said Willett, adding, "Smaller ISPs might grab the first offer of lower prices for the time being."

Willett says the key consideration for the ACCC will be to determine "if the prices being negotiated will facilitate competition in the retailing of broadband further down the line."

A Telstra spokesperson has said today that they are "still trying to negotiate", however he maintains that "negotiating is difficult in the highly charged environment we've been facing".

Group managing director for Telstra, Bill Scales said in statement released last Friday that Telstra has already "negotiated commercial arrangements with the majority of our biggest wholesale competitors", adding that the ACCC's intervention may be doing more harm than good.

"Telstra believes that the ACCC's intervention in this very competitive market is unnecessary and could hinder the swift resolution of outstanding commercial negotiations," said Scales.

Although the ACCC states that Telstra is on no specific deadline to resolve issues related to the competition notice, Willett says "it's an urgent matter that needs to be dealt with as quickly as possible".

Yet Scales has said that some of its wholesale customers are refusing to cooperate, choosing instead to take a regulatory approach to resolving the issue.

"A minority of wholesale competitors have refused to negotiate ... and have instead embarked on a highly politicised approach calculated to spark regulatory intervention and prejudice the benefits consumers are enjoying," said Scales.

Both the ACCC and Telstra say they hope the issue can be resolved through commercial negotiations.

However Scales warns in the statement that "Telstra would be prepared to strongly defend its position should it be challenged."

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Talkback 3 comments

    Telstra will never learn! They ...Anonymous -- 23/03/04

    Telstra will never learn!
    They are australia's version of microsoft, so big and bloated that they think they can do anything, then cry foul when its found out.
    Heaven forbid that they might actually play fair, after all, that would mean that people would have the option to go elsewhere and not be penalised by the choice by lack of coverage, pricing, network failure... the list goes on.

    We are not part of the 60%. Wh ...Anonymous -- 23/03/04

    We are not part of the 60%. When its 90% , we wont be part of this. When its 99.99%, we wont be part of that also. What a load of outright CRAP !! They have not negotiated with anyone. They do not even call their customers.

    What a fallacious reply from T ...Anonymous -- 23/03/04

    What a fallacious reply from T(H)elstra. The poor didums have had their corns trodden on by the ACCC, and not before time. It's long over due. But why is the ACCC still duck shoving the issue. The longer the ACCC holds back the more people will be trodden on by the Monster. As an Exec, I wouldn't negotiate with the bully boys at the Mad Hatters Tea Party. Both the ACCC and the wholesalers should take them to the cleaners and teach them a lesson. Trouble is the government won't let the ACCC take any shareholders funds out of the kitty.

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