Vodafone Hutchinson Australia Pty Ltd v Australian Competition and Consumer Commission
[2020] FCA 117
Case NSD818/2019 (Judgment 13 February 2020)
Snapshot
Federal Court of Australia
Year
2020
Citation
Vodafone Hutchinson Australia Pty Ltd v Australian Competition and Consumer Commission
[2020] FCA 117
CASE NSD818/2019
Judge
Justice Middleton
Registry
NSW
Issues
Mergers
Facts and summary
On 8 May 2019 the ACCC announced it would oppose the proposed merger between TPG Telecom Limited and Vodafone Hutchison Australia Pty Ltd
This case challenged the ACCC’s opposition to the proposed merger.
The Federal Court declared that the proposed merger between TPG and Vodafone would not substantially lessen competition.
The ACCC opposed the merger, concerned that ‘with this merger, mobile data prices will be higher than they would be otherwise’. It stands by its decision to oppose the merger and is ‘carefully considering the judgment.
Hearing
10 September - 1 October 2019
Judgment
13 February 2020
No appeal
On 5 March 2020 the ACCC announced it would not appeal the decision
Judgment
Justice Middleton
Justice Middleton declared that the ‘acquisition by [Vodafone] of all of the ordinary shares in [TPG Telecom]’ as proposed in the Scheme Implementation Deed ‘would not have the effect, and would not be likely to have the effect, of substantially lessening competition in any market in contravention of section 50 …’
Media and commentary
ACCC
On 8 May 2019 the ACCC announced it would oppose the proposed merger between TPG Telecom Limited and Vodafone Hutchison Australia Pty Ltd
ACCC, ACCC will not appeal Federal Court’s decision to allow TPG-Vodafone merger (5 March 2020)
ACCC, 'ACCC opposes TPG-Vodafone merger' (Media release, 8 May 2019).
Legal commentary
On Federal Court decision
Robert Walker, 'Court clears Vodafone/TPG merger’ (Allens >< Linklaters Insights, 13 February 2020)
On ACCC decision
Media
Following Federal Court judgment
Chanticleer, How Teoh turned the TPG-Vodafone case (AFR, 13 February 2020)
Before judgment
'Doubts ACCC can win TPG case' (Chanticleer, AFR, 4 October 2019)
Elliot Nash, 'TPG & Vodafone Decision Expected Feb 2020' (Channelnews, 30 September 2019)
James Fernyhough, 'Crunch time approaches for TPG-Vodafone' (AFR, 27 September 2019)
'ACCC's own goal in TPG case' (Chanticleer, AFR, 25 September 2019)
James Fernyhough, 'Hodge demolishes Vodafone's expert witness' (AFR, 23 September 2019)
James Fernyhough, 'ACCC 'not in real commercial world' on TPG-Vodafone' (AFR, 10 September 2019)
'D-Day looms for TPG on Vodafone merger ban' (Chanticleer, AFR, 6 September 2019)
Nico Arboleda, 'TPG, Vodafone head to court over failed merger' (CRN, 27 May 2019)
Staff Writers, 'TPG and Vodafone challenge $15bn merger rejection' (itnews, 24 May 2019)
Media on ACCC decision to oppose proposed merger
Podcast and audio
Other media
Patrick Durkin, 'ACCC needs smoking gun on merger block' (AFR, 10 May 2019)
James Fernyhough, 'Rod Sims plays poker with David Teoh' (AFR, 10 May 2019)
John Durie, 'Upstart might be forced to resume its network rollout' (The Australian, 10 May 2019, p 32)
James Fernyhough, 'ACCC blocks Vodafone, TPG merger' (AFR, 8 May 2019)
Stephen Letts, 'TPG share price crashes as ACCC blocks Vodafone merger' (ABC, 8 May 2019)
Last updated: 25 May 2020