“Loyal to what?”: the role of parliamentary opposition

“… political opposition is empowered and dignified in a democratic system, and… pays tribute to and teaches lessons about… ‘the provisional nature of political authority’ in circumstances of plurality.”

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Andrew Little’s recent High Court victory, finding his commentary on aspects of a Niue holiday resort’s financing to be qualifiedly privileged from defamation liability, casts light into the shadows of Her Majesty’s Loyal Opposition’s constitutional role. Continue reading ““Loyal to what?”: the role of parliamentary opposition”

0867: Remembering dial-up, and reinforcing the counterfactual test

Around the turn of the century, the Commission claimed that Telecom’s decision to introduce a free internet access number range (0867 xxx xxx), while implementing a charge for residential local number dial-up access to the Internet, was a breach of s36 of the Commerce Act.

Section 36 at the time (since amended) prohibited firms in a dominant market position from using that dominance for anti-competitive purpose. The High Court has held that Telecom neither used any dominance it may have had, nor had any anti-competitive purpose: instead, it was engaged in “normal profit maximising behaviour, to be expected of any firm, dominant or otherwise”. Continue reading “0867: Remembering dial-up, and reinforcing the counterfactual test”