Mr Sims added that it was also not expected that Tabcorp would push to complete the deal before the appeal was heard.
The ACCC has said that it was appealing against the decision because it believed there were three points of law it wanted to test that were of profound importance to how the regulator conducted many authorisation decisions each year. The regulator said it believed that there were some reviewable errors in the tribunal’s decision.
Sims told The Australian online today that the regulator felt it had no choice but to appeal the tribunal’s decision.
“We feel that there is a fair bit of logic in our position in the sense that counting only substantial detriments when you’re counting all benefits just seems strange.
“The court will have the final say and we respect that but at best these issues have to be clarified. We think the way these things have been applied in the past have a lot of logic to it, so we are hopeful we can convince the court of that.”
The James Packer-backed CrownBet has also appealed the tribunal’s approval of the deal and its case will be heard along with the ACCC’s appeal, which is scheduled for August 28.