Today the two companies had their day in court and have come out victorious with Justice Middleton agreeing that the merger would not reduce competition.
The watchdog opposed the merger previous year on the grounds that it would harm local competition in Australia's "concentrated" mobile telecommunications market.
The TPG and Vodafone Hutchinson deal will finally go ahead after the federal court ruled a merger between the two companies will not substantially lessen competition.
Simms also defended the ACCC's decision to bring the court case in the first place, which VHA CEO Iñaki Berroeta argued allowed "free kicks" to its rivals due to the uncertainty.
TPG had indeed been investing in a new cellular network.
"The proposed merger would not have the effect, nor be likely to have the effect, of substantially lessening competition in the supply of retail mobile services in Australia", Federal Court judge John Middleton said on Thursday.
Justice Middleton said that as the "moment had passed" for TPG to build a network, the merger would allow the combined company to better compete with Telstra and Optus.
When asked by the ACCC's counsel Michael Hodge QC if anyone on the TPG board, which includes his son Shane, asked why there was no business plan to support spending $900 million on spectrum for the proposed network, Mr Teoh said no one asked because they trusted him.
"If nothing else, we should see really competitive pricing that will have consumers thinking twice before signing up with the other major providers".
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WhistleOut's boss Joseph Hanlon said the merger positioned the company to be more of a competitor.
"There are plenty of other flow-on effects that may result from an increase in competition, like the smaller telcos pumping up the value in the phone plan offers, to cheaper NBN plans as 5G technology muscles in on the home internet segment", he said.
Vodafone says it's now accelerating its roll-out of 5G networks.
"This market in the past had players that were converging in the sense they were offering a full telecommunications solution", he said.
ACCC chairman, Rod Sims, said in a statement released Thursday, that the regulator is carefully considering the ruling, suggesting it could appeal the decision.
'Australian consumers have lost a once-in-a-generation opportunity for stronger competition and cheaper mobile telecommunications services with this merger now allowed to proceed, ' Sims said. "There is clear evidence that consumers pay more when markets are concentrated".
The ACCC's decision to block the merger largely hinged on its opinion that TPG would go ahead and build a fourth mobile phone network in Australia anyway if they were prevented from merging.
Many in the industry said the merger should have never been blocked by the ACCC to begin with.