Telstra and TPG have both argued that the country’s competition regulator failed to grasp the details of a planned regional mobile network sharing deal it blocked before Christmas.

The ACCC ruled that such a deal, that would have seen the two telcos pool regional resources to cover 17 per cent of the country, would give Telstra an unassailable lead in regional Australia – resulting in number two Optus pulling out of the market.

Optus said the 10-year regional “Multi-Operator Core Network” (MOCN) agreement was anti-competitive, and could risk lives during emergencies. It argued that fewer overall towers will stunt emergency response, and that such a deal will give Telstra an unbeatable lead in the race to secure 5G coverage.

The ACCC agreed.

Telstra and TPG have both filed papers to the Australian Competition Tribunal, with hopes of overturning the rulings.

The tribunal has 90 days to overturn the ruling, or 120 days if new evidence is presented.

“The proposed transaction does not involve any change in ownership, increased concentration in any market, or removal of TPG as an independent competitor in any relevant mobile services market in Australia,” Telstra says in its filing.

“This means that each party continues to operate as an independent mobile network, with separate and independent control over how products and service levels are defined and how customer information is handled and managed.”

Telstra also noted it has less spectrum per customer than either Optus or TPG in the “17 per cent area” under review.

“Telstra is concerned that customer and government perceptions of poor network or service quality in regional areas are both commercially and reputationally damaging, given Telstra’s significant investment in, and associated brand identification with, good and reliable national (and regional) coverage,” it said.

TPG questioned the ACCC’s assertion that a network deal between TPG and Optus was a possibility, and preferable for Australian customers.

“TPG considers it would not occur,” it argues.

“It is speculative and inconsistent with the evidence that was before the ACCC.”

TPG also feels that Optus aimed to muddy the waters by suggesting such a deal was a possibility.

“Significant parts of the ACCC decision are based on confidential evidence and submissions provided by Optus, much of which is largely redacted,” it argued.

“TPG has not been provided with Optus’ confidential material, and therefore has not had an opportunity to review, respond to, or comment on it.”

If the tribunal rules against Telstra and TPG, they can still take their appeal to the full federal court, although in this case they will need to argue that a breach of law has taken place.