TO: The Australian Competition and Consumer Commission [ACCC] 470 Northbourne Avenue Dickson ACT 2602 Dear Sir PURPOSE I write to lodge a Complaint on behalf of the members of the OPEN INTERCHANGE CONSORTIUM against Julian DAY as Past President/Director of the Australian Information Technology Society [AITS], Director of Caseware Pacific Pty Ltd, Life Cycle Technologies Pty Ltd, ISEG Pty Ltd and Consensus Pty Ltd and Alan MANLY as Secretary/Director of AITS and Director of the NSW Central College and Group Colleges Australia Pty Ltd. There are reasons to believe that DAY and MANLY colluded together and may also have acted in conjunction with John RIDGE President of the Australian Computer Society [ACS] to try to prevent the OPEN INTERCHANGE CONSORTIUM [OIC] from succeeding as a rival Association and both if not all three are in breach of a number of sections of the Trade Practices Act 1974 including: 1 45D Secondary boycotts for the purpose of causing substantial loss or damage 2 45DB Boycotts affecting trade or commerce 3 51AC Unconscionable Conduct BACKGROUND The OPEN INTERCHANGE CONSORTIUM [OIC] was formed in 1994. Its mission included promoting a better understanding of Electronic Information Technology [EIT] issues and encouraging members to work together to develop products and services of specific interest to Small and Medium size Enterprises [SMEs]. In 1994 Gary JACKSON ex Managing Director Pyramid Technology, Sybase Australia and Microsoft Australia was the speaker at the initial OIC Lunch Lecture. Subsequent speakers included: Sep 1996 Senator Richard ALSTON Minister for Telecommunications and the Arts Sep 1997 The Hon Dean BROWN Minister for Information South Australia In October 1997 OIC members including the Commonwealth Bank of Australia and AIDC submitted an application for funding to the Federal Government for the development of an Electronic Association Information Management [EAIM] E-business process as a generic Association application. In December 1997 John RIDGE as Chairman of the Australian Computer Society - NSW Branch was invited to speak on the Y2K issue at the OIC quarterly lunch lecture. We have reasons to believe that John RIDGE was aware of and participated in a "sting" that had been set up by DAY and MANLY with Channel Nine to discredit the OIC. In December 1997 Julian DAY unlawlfully subpoenaed 8 members of the OIC including the Proper Officer Commonwealth Bank and the Proper Officer AIDC to deter those companies from supporting the OIC. We have recently learned that Alan MANLY had written to his MP Ross CAMERON in 1996 and 1997 urging him to ensure that the Federal Government did not support the OIC. The letters from MANLY has meant that none of the 5 funding applications that have been submitted to the Federal Government DIST Scheme since 1997 were likely to receive serious consideration. The unconscionable tactics to prevent the OIC succeeding as an Association include: 1 1996 writing letters to Members of Parliament to prevent Federal Government support 2 1997 unlawfully subpoenaing 8 OIC members to deter them as members 3 1997 setting up a "sting" operation with Channel Nine and the influence of Ross CAMERON MP to discredit the OIC 4 1999 and 2000 disrupting contracts and income for OIC members 5 2000 and 2001 contacting speakers and sponsors of OIC meetings to dissuade them from supporting the OIC 6 Ensuring that the OIC is poorly portrayed as a rival association and potential Industry Peak Body in the E-commerce and XML marketplace Yours sincerely Stevan GILLMORE Treasurer OPEN INTERCHANGE CONSORTIUM 498 wds - 2,604 Chs - 20:36 12/01/2002 REF: 1D2A2EC2