43049a13_nd_Network_Companies_Bill_2011__4
[0] (A) Rely on existing Commonwealth shareholder powers and ACCC oversight. [1] None [2] Yes. [3] Partial. Companies can seek clearance from the ACCC for acquisitions of shares in another company or its assets. Under section 50 of the TPA, the ACCC can grant formal clearance of an acquisition if it does not substantially lessen competition. However, in an acquisition involving NBN Co the ACCC is not required to consider NBN Co’s non-discrimination and transparency obligations and therefore this option would not guarantee NBN Co remains a wholesale only business. This approach would need to be reviewed prior to the Commonwealth selling down its stake in NBN Co. [5] Access seekers may consider that this option permits NBN Co to avoid its obligations and enter retail markets. Industry has indicated that it would like more action to be taken, to prevent NBN Co avoiding its obligations. Clarifying that section 50 of the TPA applies to NBN Co may allay some concerns. [4] 
May allow NBN Co to purchase retail providers to reduce the overall cost of the NBN build. There remains a risk that a fundamental goal of the NBN policy and the Commonwealth’s significant investment (non-conflicted, open and equivalent access) may be compromised.
ParlInfo - National Broadband Network Companies Bill 2011