Section 36 prohibits persons who hold a dominant position in a market from using that position for various purposes, including preventing or detering competitive conduct by others.

Commission Chair John Belgrave said that the Commission is alleging that in introducing 0867 Telecom sought to prevent or deter competitive conduct by other telecommunications network operators and Internet service providers (ISPs).

The Commission's action has been filed in the Wellington High Court yesterday and documents have now been served on Telecom. If the Court finds that Telecom breached the Act, then it could order Telecom to pay a penalty of up to $5 million and could also impose a wide range of orders and injunctions.

Statement of Claim

The Statement of Claim filed by the Commission is a court document. Before a judicial conference is held, the Commission cannot release a copy of the Statement of Claim.