The competition regulator's controversial decision to block a $15 billion merger between Vodafone and TPG has been defended by a leading commercial law firm that has warned critics not to rush to judge ACCC chairman Rod Sims.based on an eight-month analysis, the Australian Competition and Consumer Commission was criticised by media commentators, the business community and investors.
But Arnold Bloch Leibler partner Zaven Mardirossian, who has represented telecommunications clients such as Telstra, said competition experts and investors who have "come out and said this is wrong ... may have missed the point".
This information has not been made public, Mr Mardirossian said, leaving critics of the decision to rely on statements made by the companies themselves.
TPG has denied the competition watchdog's suggestion that it might still be able to build the network, claiming it is not financially feasible when using a different provider and arguing the network will not be resumed down the track. Vodafone has criticised the regulator's decision for ignoring what is "feasible" for telcos and instead trying to create an ideal version of the market.