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Vodafone Australia, TPG Telecom merger blocked by regulator; companies say they will take court action

  • Australian competition regulator blocks planned US$7.7 billion deal that would merge TPG Telecom and Vodafone Hutchison Australia Pty
  • Regulator cited in December concerns of ‘substantial lessening of competition’ and higher prices arising from planned merger

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The Australian Competition and Consumer Commission said on Wednesday ‘it has decided to oppose the proposed merger’ between Vodafone Hutchison Australia and TPG Telecom. A jogger in front of newly constructed residential and commercial projects in Sydney. Photo: AFP

A planned US$7.7 billion merger of Vodafone Group Plc’s struggling Australian business with TPG Telecom was blocked by the Australian competition regulator on Wednesday, but the two companies said they will file a legal action in the Federal Court in response to the decision.

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The Australian Competition and Consumer Commission (ACCC) confirmed Wednesday that “it has decided to oppose the proposed merger.” The decision, which had been scheduled for release Thursday, was briefly visible on the regulator’s website minutes earlier before it was removed.

“This information was inadvertently published online on our mergers register briefly this afternoon,” the ACCC said. “We intend to publish a further media release shortly.”

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Vodafone Hutchison Australia Pty (VHA), Vodafone’s unprofitable mobile-phone venture with CK Hutchison Holdings, had planned to merge with broadband provider TPG Telecom to challenge market leader Telstra Corp. The new entity would have been worth as much as A$10.9 billion (US$7.7 billion), the companies said last year.

VHA and TPG said the legal action will involve seeking declaratory relief from the Federal Court which has jurisdiction to decide if the merger should be permitted on the basis that it will not substantially lessen competition.

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