The Commerce Commission has closed an investigation into a potential breach of a confidential interconnection agreement between mobile phone operators 2degrees and Vodafone in stories in the Independent and the National Business Review newspapers in August.
The Independent article named Vodafone as the source of the information but The Independent would not provide further details of how it obtained this information, claiming protection under the Evidence Act.
The commission said it was advised by Vodafone that it was satisfied that there was no authorised leak of the confidential information from it and staff would be reminded that breaches of confidence were unacceptable.
2degrees was confident that the leaked information did not come from within 2degrees.
"The commission has not been able to establish the source of the potential breach," said Telecommunications Commissioner Ross Patterson.
"As a result, and in light of the above assurances, the commission has decided to close the investigation. However, if further relevant information comes to light, the commission will consider re-opening the investigation," Dr Patterson said.
On August 5 the commission said information in a NBR article entitled "Revealed: Vodafone's secret deal with 2degrees" potentially breached a commission confidentiality order. It required an immediate retraction of the article and said any republication of the contents could breach the Commerce Act.
On August 13 the commission confirmed a confidentiality order relating to agreements provided as part of the commission's investigation into mobile termination rates would remain in place.
The commission has said that Vodafone had requested the agreement it has with 2degrees be make public, while 2degrees had requested it remain confidential. The commission said all agreements would remain confidential.
