TPG joint functional separation undertaking

On 8 November 2021, TPG Telecom Limited (TPG) submitted a joint functional separation undertaking to the ACCC on behalf of various subsidiaries under section 151C of the Telecommunications Act 1997 (Telecommunications Act).

On 9 February 2022, the ACCC gave TPG a Notice to vary its original undertaking under consideration in accordance with subsection 151K(2) of the Telecommunications Act. The Notice to vary invited TPG to submit a varied undertaking to address a technical issue in relation to the parties that gave the original undertaking. The Notice to vary also invited TPG to make a variation to the compliance training commitments in the original undertaking to address a concern identified by NBN Co.

TPG submitted a varied undertaking in response to the Notice to vary on 21 February 2022. The Telecommunications Act requires the ACCC to conduct further consultation before deciding whether to accept or reject the varied undertaking.

On 23 February 2022, the ACCC issued a consultation paper inviting interested stakeholders to make submissions on the varied undertaking by 16 March 2022. The ACCC did not receive any submissions to the consultation paper.