The finding comes from analysis of implications of the technological locking of the Apple iPhone under Australia's competition laws by QUT law researchers Dale Clapperton and Professor Stephen Corones, published in the QUT Law and Justice Journal.
In the US Apple released the iPhone with an exclusive agreement with AT&T to sell the product. Users must sign a two-year contract with AT&T to be able to "unlock" the iPhone. A SIM card from another carrier will leave the iPhone unusable with an error message on screen.
QUT law researcher Dale Clapperton says despite there being at least two class actions in the US against Apple alleging violations of antitrust and consumer protection laws, with its exclusive iPhone deal with AT&T, Apple went on to make similar deals to sell the iPhone in France and Germany.
However, Clapperton says that if Apple used this same strategy in Australia it could come up against our unique third-line forcing laws which would make forcing consumers to do business with another organisation illegal.
While Apple has not revealed its plans for releasing the iPhone in Australia, if the US marketing strategy were adopted here, it would likely be prohibited by the Trade Practices Act 1974 (TPA) provision dealing with third-line forcing, Clapperton argues.
