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2005-01
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Date: Thu, 06 Jan 2005 13:49:37 +0000
From: Roger Mangraviti To: Aussie-Isp Message-Id: <41DD41F1.5060107@atu.com.au> Subject: [Oz-ISP] Proposed Class Action against Telstra Corporation. RE: Broadband Competition Notices |
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To all Internet Service Providers, Proposed class action against Telstra Corporation LIMITED regarding the possible breaches of the Competition Rule in the Trade Practices Act 1974. The competition rule provides that a telecommunications carrier must not engage in anti-competitive conduct by taking advantage of its market power to substantially lessen competition in the market. Telstra Corporation LIMITED has had 2 "PART A" Competition notices served on it by the ACCC, the first was dated 4 September 2001 and the second was dated 20 March 2004. The following link will take you to the notices. http://www.accc.gov.au/content/index.phtml/itemId/323962/fromItemId/6047 Section 151cc of the Trade Practices Act permits a person (including a company) to commence court proceedings within 3 years of a breach of the competition rule to recover loss and damage suffered as a result of the breach. We are seeking EXPRESSIONS OF INTEREST from Internet Service Providers about joining a class action in the federal court seeking damages for breaching the competition rule. Maurice Blackburn Cashman Pty Limited, A national class actions law firm is intended to be the litigation firm. if you wish, you can look at their web site at: http://www.mauriceblackburncashman.com.au. If there is sufficient interest we will approach a litigation funder to fund the claim. If this is successful there will be no risk to any members of the class action and no funds will be required to start the class action. A funder takes all the risk and pays all the costs of running the case and for that, at the end of the case, the funder will want to be paid up to 30% of the winnings. We have had initial discussions with a litigation funder and, subject to a due diligence investigation of the case, it may agree to fund and underwrite the class action. Alternatively, we may, after consulation and agreement with all interested parties, ultimately decide that we will be better off funding the case ourselves because we will not lose the % payment at the end. Maurice Blackburn Cashman may agree to act on terms that are favourable to us. This is a matter that will be determined after we know the level of interest. If you are at all interested please provide us with answers to questions below by return email. Your answers will be treated confidentially and your answering will not, in any way, expose you to any obligation or cost. Please provide your answers directly to m a i l t o : r o g e r @ i s p . n e t . a u by 31 january 2005: 1. Name of Service Provider: 2. Contact name: 3. Telephone Number: 4. Do you have reason to believe that your organisation has suffered loss or damage as a result of telstra's breach of the competition rule? 5. If the answer to 4. is "yes" please state briefly why you think that your organisation has suffered loss or damage. 6. IF the answer to 4. is "yes" please state when it was that your organisation suffered the loss or damage. 7. If the answer to 4. is "yes" please state, the amount of the loss or damage is that your organisation has suffered; and 8. If a class action is to be commenced please say whether you would prefer it to be funded by the members of the class, ie you, or a third party funder. 9. PLease state whether or not you are willing to contribute to the cost of conducting the case by paying money from time to time into a fighting fund. Regards, Roger Mangraviti Director. Independent Service Providers Pty Limited ---- email "unsubscribe aussie-isp" to m a j o r d o m o @ a u s s i e . n e t to be removed. |
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