ACCC won't appeal AGL decision

Consumer watchdog declines to challenge clearance of AGL's $1.5bn MacGen buy.

The Australian Competition and Consumer Commission will not challenge the Australian Competition Tribunal’s clearance of AGL Energy’s $1.5 billion acquisition of Macquarie Generation.

The ACCC opposed the proposed acquisition over concerns it would substantially lessen competition in the New South Wales retail electricity market, with the consumer watchdog saying 90 per cent of generation capacity is held by three energy retailers.  

"While the ACCC was disappointed with the tribunal’s decision, there is no avenue of appeal that would test the merits of the tribunal’s decision," ACCC Chairman Rod Sims said.

With the possibility of a challenge from the consumer watchdog now quashed AGL can enter into formal talks with the NSW government over the purchase, which will involve a $1.2bn equity raising.