THE release of Apple’s iPhone in Australia could be illegal under current trade practices laws, according to a group of Queensland law researchers.

The legal hiccup in Australia could delay the arrival of the must-have gadget phone

The legal hiccup could delay the arrival of the must-have gadget phone, which is expected in Asia and Australia some time this year.
However, some are concerned that the phone’s exclusivity deals with mobile carriers is anti-competitive.

“The iPhone is breaking new ground in using technology to restrict customer’s choice in technology markets,” Queensland University of Technology (QUT) law researcher Dale Clapperton said.

The finding comes from an analysis of the Apple iPhone under Australia’s competition laws by Dr Clapperton and fellow QUT law expert Professor Stephen Corones, which was published in the QUT Law and Justice Journal.

In the United States iPhone buyers are required to sign a two-year mobile contract with AT&T before the iPhone will operate. Similar agreements in the United Kingdom, France and Germany tie iPhone owners to one network.

However, if Apple employ a similar strategy in Australia it could fall foul of the Trade Practices Act provision dealing with third-line forcing.

“This law will greatly simplify the task of seeking redress for such behaviour through the courts and could prove a deterrent for exclusive release of the iPhone with one carrier,” Mr Clapperton said.

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