In handing down today’s decision, Justice Middleton noted that Telstra was in an overwhelming position of bargaining strength and "has control over its exchanges and the power to allow or refuse access".
Justice Middleton was critical of Telstra’s compliance policies, "the admitted contraventions demonstrate substantial non-compliance by Telstra with its legal obligations."
He found that in the period from 2006 to 2008: "Telstra took no steps to develop a culture of compliance with its access obligations under the Trade Practices Act and the Telecommunications Act."
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