Applications by Telstra Corporation Limited and TPG Telecom Limited [2023] ACompT 1

AUSTRALIAN COMPETITION TRIBUNAL

Applications by Telstra Corporation Limited and TPG Telecom Limited [2023] ACompT 1 Review from: Applications by Telstra Corporation Limited and TPG Telecom Limited for review of Australian Competition and Consumer Commission Merger Authorisation Determination MA1000021

File numbers: ACT 1 of 2022

Determination of: Justice O'Bryan (President) Dr J Walker (Member) Ms D Eilert (Member)

Date of determination: 17 March 2023

Date of publication of reasons: 13 April 2023

Catchwords: COMPETITION – applications under s 101 of the Competition and Consumer Act 2010 (Cth) (CCA) for review of merger authorisation determination made by the Australian Competition and Consumer Commission (ACCC) – application for directions under ss 102(7), 102(9), 102(10) and 105(2) of the CCA and reg 22(1) of the Competition and Consumer Regulations 2010 (Cth) for directions requiring the production of documents, the attendance of persons for questioning and the filing of a further expert report in connection with the hearing of the application for review – proper construction of ss 102(9) and 102(10) of the CCA – nature of the review undertaken by the Australian Competition Tribunal in respect of a merger authorisation determination – where information, documents and evidence sought by applicants was in existence at the time of the determination made by the ACCC – where information, documents and evidence not sought for the sole purpose of clarifying information, documents or evidence produced or given to the ACCC in connection with the making of determination – application dismissed