Introducing competition into the telecommunications network: Is competition law rather than regulation the answer?

Most OECD countries have either introduced competition into their 'core' telecommunications network or are intending to do so in the next few years. So far those with the most liberalized markets are New Zealand, the UK, Sweden and Finland. Of these countries only New Zealand has chosen not to appoint a regulator; competition law is the only recourse open to new entrants to solve disputes. This Comment looks at the New Zealand regime and argues that while the new entrant has become established very quickly, the explanation lies in the favourable interconnection agreement the incumbent operator (TCNZ) unwittingly granted Clear Communications for toll and international bypass traffic, rather than any claim to superiority of the New Zealand regime.