A New Takings Challenge to Access Regulation

American Bar Association, Section on Antitrust Law, Communications Industry Committee Newsletter

3 Pages Posted: 1 Sep 2008 Last revised: 18 Aug 2011

See all articles by Jeffrey A. Eisenach

Jeffrey A. Eisenach

NERA Economic Consulting; American Enterprise Institute

Date Written: Spring 2007

Abstract

Telstra Corporation, the Australian incumbent telco, has engaged regulators in a running battle over access pricing, regulation of its proposed Next Generation Network (NGN) and a variety of other regulatory issues. On January 24, 2007, the company took the battle to a new level, filing a High Court challenge based on Section 51 (xxxi) of the Australian Constitution, the Australian equivalent of the Takings Clause of the Fifth Amendment to the U.S. Constitution. Takings Clause challenges to telco regulation in the United States have been notoriously unsuccessful. This article briefly reviews the issues in the case.

Suggested Citation

Eisenach, Jeffrey A., A New Takings Challenge to Access Regulation (Spring 2007). American Bar Association, Section on Antitrust Law, Communications Industry Committee Newsletter, Available at SSRN: https://ssrn.com/abstract=1260408

Jeffrey A. Eisenach (Contact Author)

NERA Economic Consulting

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Washington, DC 20037
United States
202-448-9029 (Phone)
202-466-3605 (Fax)

HOME PAGE: http://www.nera.com

American Enterprise Institute ( email )

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Washington, DC 20036
United States

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