In a statement, the telco’s said if the Australian Competition and Consumer Commission (ACCC) couldn’t identify that this acquisition would result in a substantial lessening of competition, then it was a ‘flaw in the law.’
Telstra announced its intentions to acquire the South Australian ISP in October, subject to ACCC approval. The cost of the acquisition was not disclosed at the time.
The statement highlighted the acquisition could lessened competition in two markets including the retail sector for broadband services and wholesale sector for transmission or backhaul services.
“This comes at a time when competition in communications markets is fragile, competitors’ profits are under pressure and the investment market uncertain,” the statement said. “These markets are profoundly important for both the costs to end users of all communications services – broadband, mobile and traditional voice services – but also for the success of the transition to a competitive national broadband network.
“The fact that Telstra alone still earns more than 95 percent of all communications markets revenues illustrates how simple common sense makes it difficult to understand how the ACCC could conclude anything other than that this acquisition would represent an unwelcome and unacceptable diminution of competition.”
The telco’s also stated Telstra must not be allowed to use Adam (as a front) in order to avoid any of its regulatory obligations, either now or in the future with the proposed SSU. The SSU must apply to Telstra and all related bodies.