Australian Competition Tribunal - Orders - 31 July 2013

In July 2013, the parties applied to the Tribunal to make a determination by consent that the matter be remitted to the AER to remake its decision under r. 64(4) of the NGR.

On 31 July, the Tribunal made its determination and directed the AER to calculate the opening capital base by reference to conforming capital expenditure made by Multinet in 2012, and not by reference to the ESCV’s forecast of 2012 capital expenditure. The AER is currently undertaking an assessment in accordance with these orders.