The Commerce Commission v Telecom Corporation
[2009] NZSC 113
•30 October 2009
IN THE SUPREME COURT OF NEW ZEALAND
SC 76/2009
[2009] NZSC 113
BETWEENTHE COMMERCE COMMISSION
Appellant
ANDTELECOM CORPORATION OF NEW ZEALAND AND ANOR
Respondents
Court:Elias CJ, Blanchard and Tipping JJ
Counsel:J A Farmer QC and G M Coumbe for Appellant
J E Hodder SC and P R Jagose for Respondents
Judgment:30 October 2009
JUDGMENT OF THE COURT
A The application for leave to appeal is granted.
B The approved ground is whether the Court of Appeal erred in:
(i)applying a counterfactual test; and in
(ii)consequently concluding that in introducing the 0867 service Telecom had not used a dominant position in the national retail market for fixed-line telephone services to residential customers and/or the national wholesale market for network access.
Solicitors:
Commerce Commission, Wellington for Appellant
Chapman Tripp, Wellington for Respondents
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