"The Australian Competition and Consumer Commission has only conducted preliminary analysis of Telstra's revised wholesale broadband pricing structure, which was confidentially advised to the ACCC 48 hours ago", ACCC Chairman, Mr Graeme Samuel, said today.

"Preliminary consideration suggests that Telstra may have devised a competitive wholesale pricing structure that could meet the requirements of the ACCC in the context of the Competition Notice, issued on 19 March 2004.

"If, however, market inquiries reveal any anomalies in the pricing structure the ACCC will engage with Telstra on these matters.

"It is now incumbent on Telstra's wholesale customers to engage in constructive negotiations in relation to the pricing structure.

"Wholesale customers should not expect the ACCC to require Telstra to go beyond the point of providing a competitive pricing structure.

"Today's announcement does appear to be a victory for common sense for wholesale customers and consumers.

"There are two lessons that flow out of the whole process. It is highly desirable for Telstra to consult and engage with the ACCC at an early stage before embarking on this course of action that has been evidenced here. This action has caused a significant degree of angst and uncertainty to both Telstra and its wholesale customers over the past few weeks some of which could have been avoided by earlier consultation.

"Also the process has revealed that the Competition Notice procedures under the Trade Practices Act can be used to bring about a swift and effective response to alleged anti-competitive conduct and provide a framework for the resolution of serious issues.

"The ACCC will consider the status of its Competition Notice, and any further associated actions, in the light of its evaluation of the new pricing offer and its market inquiries".