TPG/Telstra rural network merger likely set for court appeal

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The ACCC will make a final decision on the deal this week yet, whatever it decides, TPG, Telstra and Optus are expected to line up legal appeals.

network sharing deal is destined for the courtroom, whether the competition regulator approves it or not this week, with both determined to enter a pact while rival Optus hopes to sink it.

The Australian Competition and Consumer Commission will make a final decision on the deal by Thursday. Yet, whatever it decides,“There will likely be an appeal,” an Optus spokeswoman said when asked if the company planned to challenge the ACCC’s decision if it did not fall its way.The ACCC has not made an interim decision on the deal.

TPG told the ACCC that Optus missed its chance to do a similar deal with it, arguing the regulator should not accept arguments the deal would reduce Optus’ investment case in rural areas. Optus, meanwhile, has argued the deal might cost the Australian economy $55 billion over the next decade, as it would push the telco to a “tipping point” where it could no longer sustain investment in regional infrastructure.

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