Telecom Corporation of New Zealand Ltd v Clear Communications Ltd - [1995] 1 NZLR 385

Commercial law — Commerce Act — Competition — Telecom in dominant position in national telecommunications market — Market opened to competition — No guidelines or statute as to terms of access — Telecom sought levy for access to its system to be paid by Clear — Whether access costs included monopoly costs — "Baumol-Willig" Rule — Rule stating that seller could seek access payment on basis that a firm selling to a competitor the facilities necessary to provide the service which itself could otherwise provide could demand a price equal to opportunity cost of forgoing revenues that seller could otherwise have received — Whether dominant position used "for the purposes of" anticompetitiveness — Whether purpose alone sufficient — Difference between "use" and "purpose" — Commerce Act 1986, s 36, Part IV.