Herbert Smith Freehills' team advised TPG, once again
assisting a client to obtain merger clearance in the face of ACCC
opposition.
On 13 February 2020, the Federal Court of Australia declared
that the proposed merger between TPG Telecom Limited
(TPG) and Vodafone Hutchison Australia
(Vodafone) would not have the likely effect of
substantially lessening competition in the retail mobile market,
and therefore would not contravene of section 50 of the Competition
and Consumer Act 2010 (CCA).
Subject to any ACCC appeal (which must be lodged by 12 March
2020), the Court's decision effectively overrules the
ACCC's May 2019 decision to oppose the transaction, and
provides TPG and Vodafone with competition clearance to proceed
with the proposed $15 billion merger.
