Austria’s cartel court last month approved the deal on the condition that Hutchison 3G Austria completes its indirect acquisition of Orange Austria. That deal is still waiting to receive approval from the European Union.
The hearing was held on November 27 2012 and BWB is said to have four weeks from that date to appeal the decision. Comments made by a BWB spokesperson this morning indicate that the regulator would appeal as it believes the takeover would be to the detriment of consumers and restrict competition.
The deadline for the EU’s decision to approve the deal between Hutchison and Orange is on December 21 2012.
If BWB appeal it could lead to delays to both Telekom Austria's takeover of Yesss and Hutchison's takeover of Orange Austria until next spring.