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ACCC gives nod to telecomms merger

The competition watchdog says it won't oppose the planned merger of the Australian mobile communications business Hutchison Telecommunications (Australia) Ltd and Vodafone.

user iconThe New Lawyer 02 June 2009 Big Law
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THE competition watchdog says it won’t oppose the planned merger of the Australian mobile communications business Hutchison Telecommunications (Australia) Ltd and Vodafone. 

After a three-month investigation in which it scrutinised a number of internal documents from within both Vodafone and Hutchison, the ACCC announced the deal was not likely to substantially lessen competition in the market. 

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Allens Arthur Robinson will be advising Hutchison, while Corrs Chambers Westgarth and Clayton Utz are advising Vodafone on the deal.

Hutchison said the merger was set to be complete within the next two weeks. 

The announcement comes after the Victorian Supreme Court last week overruled Telstra’s bid to gain greater control of its shared 3G network from Hutchison. 

Under Telstra’s agreement with Hutchison, which was signed in 2005, a change in control at one company means the other can install its own chair for the so-called 3GIS joint venture. But the court ruled that Hutchison’s proposed merger did not amount to a change of control. 

Hutchison chief executive Nigel Dews said the dispute has no impact on its proposed merger with Vodafone. 


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