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Telecommunications regulation in New Zealand: Light-handed regulation and the Privy Council's judgment
Affiliation:1. Department of Orthopaedic Surgery, Rush University, Chicago, Illinois;2. Department of Orthopaedic Surgery, Hospital for Special Surgery, New York, New York;1. Department of Anesthesiology and Pain Medicine, Asan Medical Center, University of Ulsan College of Medicine, Seoul, Republic of Korea;2. Department of Anesthesiology and Pain Medicine, Chosun University Hospital, Gwangju, Republic of Korea;3. Department of Plastic and Reconstructive Surgery, Asan Medical Center, University of Ulsan College of Medicine, Seoul, Republic of Korea;1. Division of Vascular and Endovascular Surgery, Virginia Commonwealth University Health System, Richmond, VA;2. Division of Vascular and Endovascular Surgery, Central Virginia Veterans Administration Health System, Richmond, VA;3. Virginia Commonwealth University School of Medicine, Richmond, VA
Abstract:This article reviews the Privy Council's appeal judgment between Clear Communications and the Telecom Corporation over the price of access for local loop telecommunications interconnection. The judgment reflects four years of negotiation and two years of court proceedings between the two parties. The Council's decision that use of the Bamoul-Willig pricing model did not have an anticompetitive purpose in terms of New Zealand law has a number of important ramifications for New Zealand's light-handed regulatory environment. This article provides background to the case, examines the judgment and draws implications from and consequences for regulatory policy in New Zealand.
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