Document ID: chunk:federal_register_of_legislation:F2017L01112:body:0:p5
Version: federal_register_of_legislation:F2017L01112
Segment Type: other
Provision Reference: 
Character Range: 10789–13743

will consider:
    * the effect of the undertaking—the ACCC must consider the fact that an undertaking, if accepted, will apply generally to all access seekers (as noted above, consideration of this matter is a legislative requirement)
    * whether the access undertakings process may enable the ACCC to deal with issues that are common to multiple arbitrations.
These matters are discussed below.

Effect of the undertaking
Primarily, the ACCC must consider the fact that the undertaking, if accepted, will apply generally to all access seekers. On the other hand, there may exist particular circumstances or other relevant matters which justify continuing with arbitrations while simultaneously considering the access undertaking. These circumstances are addressed in section 2.2.3.
In certain circumstances, the ACCC may decide to give priority to an access undertaking. One factor that the commission may consider is the extent to which pro-competitive outcomes of the access undertaking are available to all access seekers, compared with the outcomes of arbitration in which the benefits are likely confined to the parties to an arbitration.

Access undertakings process
Additionally, the access undertaking process may enable the ACCC to deal with issues that are (or potentially will be) common to multiple arbitrations (for example price).
From an administrative perspective, it may be more efficient to deal with these issues as part of a single industry-wide process. Also, assessment of an undertaking is a public process, thereby facilitating input from all interested persons and a greater degree of transparency. While it may be possible to address industry-wide issues in the arbitration context, where an access undertaking has been given to the ACCC this provides an alternative mechanism for doing so in an efficient manner.
Where the ACCC is considering an access undertaking and conducting one or more arbitrations that relate to the same matter, deferral of arbitration may free up the resources of the ACCC and the parties that can be used to comment on and assess the access undertaking. This should enable the undertaking to be assessed in a more timely fashion, and, if the access undertaking is subsequently accepted, the benefits to end-users would be realised sooner. The ACCC is mindful of the need to minimise, as far as possible, the costs incurred by access seekers and access providers where there are multiple processes underway.

2.2.3 Continuation of arbitrations—relevant considerations
The ACCC envisages several circumstances where it may be appropriate to continue with arbitrations, namely where:
    * matters covered by the proposed undertaking have already been substantively considered in arbitrations
    * the arbitrations deal with issues separate or additional to those covered in the undertaking
    * consideration of the undertaking is likely to involve a long time frame.
Each of the circumstances is