The Australian Federal Court approves a merger between an incumbent and a potential entrant in the retail mobile market (TPG / Vodafone)

1.Introduction [1] On 13 February 2020, the Federal Court of Australia (Federal Court) declared that the proposed merger between Vodafone Hutchison Australia (Vodafone) and TPG Telecom (TPG) (Vodafone / TPG) was unlikely to lead to a significant lessening of competition in the Australian retail mobile market. [2] Telstra was the largest mobile network operator (MNO) in Australia, followed by Optus and then Vodafone. TPG was a significant provider of retail fixed broadband services but had also announced an intention to roll out its own mobile network and had purchased significant spectrum assets in auctions from early 2016. The Australian Competition and Consumer Commission (ACCC) raised serious concerns that the merger would lead to a more concentrated and less competitive market and

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