Guidelines
Part IIIA Access Undertaking Guidelines
August 2016
Overview/background
On 11 August 2016 the ACCC released guidelines for Part IIIA Access Undertakings.
The release of these followed a four week public consultation period on a draft in May-June 2016.
Guideline structure: contents
The Guidelines run to 42 pages and are structured as follows:
1. Introduction
1.1. About this guideline
1.2. Review of the National Access Regime
1.3 Contacts and further information
2. Legislative regime for Part IIIA access undertakings
3. The ACCC’s assessment process
3.1. Pre-lodgement discussions
3.2. Formal lodgement
3.3. ACCC assessment
3.4. Time limit for ACCC decisions
3.5. Varying, extending or withdrawing an accepted access undertaking
4. Drafting an access undertaking
4.1. Statement of purpose and objectives
4.2. Scope and nature of services
4.3. Duration and variation
4.4. Pre-conditions for access
4.5. Negotiation and dispute resolution
4.6. Pricing
4.7. Capacity allocation and management
4.8. Investments and upgrades to facilitate access
4.9. User engagement
4.10. Performance incentives and accountability
4.11. Measures to address vertical integration concerns
4.12. Fixed principles
4.13. Compliance
5. Monitoring and enforcement of accepted access undertakings
Appendix A: The National Access Regime
Declaration / Arbitration
Access undertakings and industry access codes
State access regimes
Competitive tender process
Media and commentary
ACCC Media Release
ACCC Update, 'ACCC releases guidelines for Part IIIA Access Undertakings' (11 August 2016)
Law firm commentary
King&Wood Mallesons: Elouise Davis, "ACCC Publishes Part IIIA Access Undertakings Guidelines" (In Competition Blog, 16 August 2016)
