ACCC confirms it will not appeal Federal Court decision on TPG-Vodafone merger

5 Mar 2020

The Australian Competition and Consumer Commission (ACCC) has confirmed that it will not appeal the Federal Court’s recent decision that the proposed merger between TPG Telecom and Vodafone Hutchison Australia can move forward on the grounds that it would not substantially lessen competition. In a press release regarding the matter, the ACCC said that, having examined the court’s ruling, it has concluded that it does not have grounds for appeal, which it noted would have required that it establish an error of law by the judge.

Commenting, ACCC chairman Rod Sims said: ‘The ACCC remains disappointed by this outcome, which has closed the door on what we consider was a once in a generation chance for increased competition in the highly concentrated mobile telecommunications market … The future state of competition without a merger is uncertain. But we know that competition is lost when incumbents acquire innovative new competitors.’