An August decision by the Australian Competition and Consumer Commission (ACCC) declining to authorise the acquisition was overturned in a landmark judgment on Tuesday.

The Australian Competition Tribunal found the proposed merger represented a “net public benefit”.

“(The) forecast integration and productive efficiencies from the proposed acquisition constitute real and tangible benefits to the public,” it said.

The tribunal was not persuaded by the ACCC’s criticisms, finding the acquisition would not substantially lessen competition in the national home loans market or the agribusiness or small-to-medium enterprise markets in Queensland.

These were the three areas the competition watchdog claimed would be negatively impacted by the takeover bid, which was first proposed in July 2022.

The Big Four banks held 72 per cent of reported banking system assets in Australia and engaged in co-ordination regarding their home loans, the tribunal found.

However, ANZ’s Suncorp purchase would only result in a small increase in the bank’s market share and would “not have a meaningful impact” on competition, it said.

ANZ would also continue to offer the same agribusiness services and would be forced to provide more competitive SME offerings if the acquisition went ahead, the tribunal found.

ANZ CEO Shayne Elliott called the decision a “significant milestone” and said the bank remained committed to completing the takeover as quickly as possible.

“Suncorp Bank is a high-quality business with a strong team and excellent customer base, and we look forward to bringing them access to the best of ANZ, including our platforms and technology,” he said.

“We strongly believe that the acquisition presents significant opportunities for ANZ, Suncorp Bank and our customers, as well as major public benefits including for Queensland.”

The merger is expected to be completed in mid-2024.

Suncorp Group chair Christine McLoughlin also welcomed the approval, calling it a “big win for Queensland”.

“Importantly, our bank customers will have access to a wider range of products and services, and our people a broader range of banking career opportunities under ANZ, which has committed to maintaining and growing Suncorp Bank’s strong Queensland presence,” she said.

 But the decision prompted concern about the impact on smaller competitors.

“The Big Four (banks) already have a stranglehold on banking in Australia and we are concerned about smaller banks being relentlessly consumed by larger predators,” Finance Sector Union national president Wendy Streets said.

Bendigo and Adelaide Bank also spoke out, saying: “The bank maintains the view that the proposed merger will lead to a lessening of competition, leaving customers and communities worse off.”

ACCC chair Gina Cass-Gottlieb said the watchdog would reflect on the tribunal’s decision.

She said while findings had been made regarding some of the commission’s concerns, the tribunal did not consider what meaningful impact the merger would have on bank co-ordination.

“Banking markets are critical for many homeowners, businesses and farmers,” she said.

“The ACCC will continue to apply scrutiny to these markets across the breadth of our functions including merger assessments and enforcement investigations.”

The fate of the $4.9 billion takeover will still depend on legislative changes regarding the merger by the Queensland state government as well as approval by the federal treasurer.

The tribunal has overturned other decisions by the ACCC, including the 2019 merger of Vodafone Hutchison and TPG Telecom.

But it backed the regulator in June over its decision to block a spectrum-sharing arrangement between TPG and Telstra.

– AAP