On 14 November 2013, the ACCC announced that it would not oppose NBN Co Limited’s (NBN Co) proposal to acquire the “fibre to the premises” (FTTP) network of TransACT Capital Communications Pty Ltd (TransACT).

The ACCC’s decision not to oppose the proposed acquisition by NBN Co was due to the fact that the proposed acquisition:

  • was a bare transfer of assets and wholesale market share from TransACT to NBN Co;
  • would not substantially lessen competition in the retail market; and
  • could serve to increase retail competition in the areas through which TransACT’s FTTP network passes.

Whilst the ACCC considered the effects of the proposed acquisition in the context of the wholesale and retail markets for the supply of broadband services over TransACT’s FTTP network, it did not form a definitive view on market definition.