Win-backs are probably the good example of one of the fundamental kinds of recommendations we made, which was that the regulatory framework should not proscribe per se activities. That is, it should not make something illegal just because there is a risk that it could harm competition.
Is it possible that win-back campaigns could harm competition and drive a competitor out of the market? Yes, it's possible that could happen. For example, if a new entrant came into a market, it is conceivable that a telephone company could give away free service for life to everyone who came back to the telephone company. Is it likely to happen? I don't know, but I doubt it, because I don't think that's very smart business policy.
Our basic approach was to say that rather than have ex ante prescriptions against certain types of behaviour, it's better to wait to see what actually happens in the market. If a real problem does occur, yes, then do something about it, by all means.
That's why we recommended that a telecom competition tribunal be established as a powerful, rapidly acting agency that could deal with problems if they emerge.
But should behaviour be prescribed in advance? We don't think so.