The Cairns Post

NBN Co warned over its conduct

- ALEX DRUCE

THE National Broadband Network has copped an official warning from the competitio­n watchdog after the taxpayerfu­nded wholesaler allowed one telco to see sensitive pricing informatio­n months before its rivals.

The Australian Competitio­n and Consumer Commission said NBN Co discrimina­ted between retail service providers when, from at least January 2018, it revealed materially different commercial terms to Macquarie Telecom while upgrading its infrastruc­ture to support high-speed, businessgr­ade internet services.

NBN Co also provided Macquarie with indicative pricing informatio­n for its new Enterprise Ethernet service in February 2018, months before it gave the same informatio­n to others, including Telstra.

There is no evidence the conduct resulted in specific harm or competitiv­e detriment before it came to light.

Following the ACCC’s investigat­ion, NBN Co admitted it did not have appropriat­e processes in place to ensure it was complying with its transparen­cy and non-discrimina­tion obligation­s.

“The ACCC has concluded that NBN Co failed to comply with its non-discrimina­tion obligation­s on a number of fronts,” ACCC chair Rod Sims said. “These legal obligation­s were enacted to ensure that NBN Co does not distort competitio­n in the market for retail NBN services, such as by favouring larger (providers).”

NBN has made a court-enforceabl­e undertakin­g which includes a commitment to ensure the conduct is not repeated.

NBN Co also said it will offer consistent contract terms to providers for the supply of upgraded NBN infrastruc­ture, and ensure the informatio­n is delivered at the same time.

“NBN Co welcomes the clarity and certainty provided by the undertakin­g agreed with the ACCC,” a spokesman said.

“For a maturing business, this has been a very valuable process, to work constructi­vely with the regulator to firm up processes that not only help ensure compliance but provide simplicity, flexibilit­y and better access to commercial arrangemen­ts for the benefit of industry and the business market.”

 ?? Picture: THE AUSTRALIAN ?? NBN Co CEO Stephen Rue.
Picture: THE AUSTRALIAN NBN Co CEO Stephen Rue.
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