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How we helped
We provided expert evidence on behalf of Optus, the #2 mobile network operator (MNO) in Australia, in relation to proposed network and spectrum sharing arrangements between Telstra and TPG (the #1 and #3 MNOs). The proposed arrangements would have led to TPG decommissioning its network in a large part of Australia and relying on a network service provided by Telstra and the Australian Competition and Consumer Commission (ACCC) analysed the arrangements effectively as a merger.
Our expert submitted reports to the ACCC, which explained why the arrangements would have led to a substantial lessening of competition in retail and wholesale mobile telecoms markets as a result of a significant weakening of competition at the network level.
The ACCC found that there would have been a substantial lessening of competition in line with AlixPartners’ expert’s evidence, and that there was no net public benefit and determined not to authorise the proposed arrangements. Telstra and TPG appealed the determination, but this was rejected by the Australian Competition Tribunal, which affirmed the ACCC’s determination in relation to the spectrum sharing arrangements.