I think people are misinterpreting what this court case is really about. This is not about whether a merger is good or bad for the country, that decision has already been made by the ACCC. The ACCC from a legal perspective is always right, and they follow strict criteria backed by legislation to make their decision. So essentially this court case is the appeal. The ACCC has to prove that it did follow its process and with an army of pen pushers it’s certain that it did. TPG and VHA need to prove that the pen pushers did not follow the process! The competition policeman has already handed out the speeding ticket. We are in court arguing on technicalities as to whether the policeman wrote out the ticket correctly, which makes the result far more unpredictable.
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