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Guidelines relating to deferral of arbitrations and backdating of determinations under Part IIIA of the Competition and Consumer Act 2010

I, Rodney Graham Sims, Chairman of the Australian Competition and Consumer Commission, make the following guidelines on behalf of the Australian Competition and Consumer Commission.
Dated: 28 August 2017
Rodney Graham Sims
Chairman
Australian Competition and Consumer Commission

Guidelines relating to deferral of arbitrations and backdating of determinations under Part IIIA of the Competition and Consumer Act 2010

August 2017

Australian Competition and Consumer Commission
23 Marcus Clarke Street, Canberra, Australian Capital Territory, 2601
© Commonwealth of Australia 2017
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Important notice
The information in this publication is for general guidance only. It does not constitute legal or other professional advice, and should not be relied on as a statement of the law in any jurisdiction. Because it is intended only as a general guide, it may contain generalisations. You should obtain professional advice if you have any specific concern.
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Contents
1. Introduction
1.1. About these guidelines
1.2. Structure of these guidelines
2. Deferring arbitration of access disputes or consideration of access undertakings
2.1. General
2.2. ACCC guideline
2.2.1  Legislative framework
2.2.2 Deferrals of arbitrations—relevant considerations
2.2.3 Continuation of arbitrations—relevant considerations
2.2.4 Other relevant considerations
2.2.5     Other issues
3. Backdating of final determinations
3.1. General
3.2. ACCC guideline
3.2.1 Legislative framework
3.2.2 Rationale for backdating
3.2.3 Approach to backdating
3.2.4