TPG Telecom and Optus are in disagreement about the use of confidential information by the ACCC in denying a spectrum and network sharing deal between Telstra and TPG.
TPG Telecom wants access to the information and the opportunity to potentially refute it, while Optus argues that the material should remain confidential and Telstra or TPG should not be allowed to access it.
The Competition Tribunal is reviewing the ACCC’s decision, and the extent to which TPG can refute the evidence is still undetermined. TPG was given a portion of the material on January 25th and argues that it may be appropriate for a limited number of witnesses to be questioned in the proceedings.
Optus is against allowing cross-examination of its personnel and is cautious about allowing new evidence to be produced.
