The Commerce Commission has dumped plans to develop guidelines on rules that prevent large companies capitalising on market power, following its resounding defeat in a decade long spat with Telecom.

The case that just will not die is set to go another round.

On October 30 last year, the Commerce Commission won the right to challenge a Court of Appeal verdict that Telecom did not abuse its dominant market position with a controversial dial-up internet surcharge during the 1990s.

The commission has won the right to appeal whether the Court of Appeal erred in applying the "counter-factual test" to the 0867 affair. That is, whether a company not in Telecom's dominant market position would have taken the same action.

Like a bad Highlander sequel, the dial-up spat between the Commerce Commission and Telecom seems set to run for all eternity.

The watchdog says a crucial test of monopoly power, as applied in the 10-year-old case, is hindering its ongoing ability to enforce the Section 36 of the Commerce Act.

Like a bad Highlander sequel, the dial-up spat between the Commerce Commission and Telecom seems set to run for all eternity.

The watchdog says a crucial test of monopoly power, as applied in the 10-year-old case, is hindering its ongoing ability to enforce the Section 36 of the Commerce Act.

Those looking for a speedy resolution to the current termination row (hello, 2degrees) take note: after a full decade, the ComCom and Telecom are still tussling over an interconnection dispute from the dial-up age.

The Commerce Commission says it’s studying a decision by the Court of Appeal, released today, in a case brought by the commission against Telecom under section 36 of the Commerce Act.