image source, Thai news pix
Groups of people opposing True and DTAC merger Gathered at NBTC headquarters on October 20, 2022 to oppose the “green light” vote for the merger of the two telecom giants.
The TAR issued an order rejecting the request of the Council of Consumer Organizations (Sor.Sor.) which asked the judge to delay the execution of the NBTC resolution. television company and the Telecommunications Commission (NBTC) which “recognise” the corporate merger between True Corporation Public Company Limited and Total Access Communication Public Company Limited or DTAC. The Administrative Court held that at this level “There is no reason to feel that the defendant’s termination (NBTC) may be illegal”.
On November 10th the NBTC filed an appeal with the Central Administrative Court to reverse the resolution of the extraordinary meeting of the NBTC held on October 20th, in which the meeting resolved to “take note” of the merger of True. with dtac This equals to open the go-ahead for the merger of two private telecommunications giants, which NOR saw as an illegitimate administrative measure both in terms of content and procedure. and will seriously affect consumers
Noraw also asked the Administrative Court to issue an interim protection order delaying the execution of the aforementioned order until the court has returned a verdict.
Mr. Somchai Ameen, a lawyer representing NOR in pursuing the case He revealed to BBC Thai that he received a letter from the Administrative Court on December 9, informing him The Court rejected the NBTC’s petition to delay the execution of the resolution of the NBTC, meaning both True and DTAC can now proceed with the merger.
“It is an order by which the court only rejects the request for a temporary protection order. The court has not yet made a decision on the content of the case. Therefore, the question of whether or not the NBTC resolutions are legal or not I still have to consider,” Somchai said.
In this regard, the temporary protection ordinance that Sor.or.or.
1. Request the Administrative Court to order the stay of enforcement of the NBTC’s resolution recognizing the corporate merger between True and DTAC at the October 20 NBTC meeting.
2. Request the administrative court to issue an order to inhibit or suspend acts and legal acts connected or related to the recognition of the corporate merger between True and dtac.
3. Request the court to order the Securities and Exchange Commission of Thailand and the Securities and Exchange Commission of Thailand to delay or suspend share buybacks by shareholders who object to the merger between True and DTAC.
4. Request the court to order the register of public companies Department of business development minister of Commerce Delay or suspend the registration and merger of True and DTAC
image source, Thai news pix
Groups opposed to the NBTC resolution that greenlighted the True-DTAC merger said the NBTC did not conduct public hearings before the vote.
The Administrative Court order dated December 9 was signed by Mr. Chatchai Yodmalai, Chief Justice of the Central Administrative Court. The judge in charge of the 30-page essay ruled on all 4 of the above issues. Before an order was issued denying the plaintiff’s interim guardianship application before trial.
Mr. Somchai summarized the Administrative Court’s order for BBC Thai that “At this level, the court found that the 1st Defendant’s Resolution (NBTC) set a special appointment No. 5/2022 on October 20, 2022. Agenda 5.1 Corporate Merger Report between True Corporation Public Company Limited and Total Access Communication Public Company Limited taking note of the corporate merger between the two companies Under the Frequency Allocation Organization Act and on the Regulation of Broadcasting and Telecommunications Business BE 2553 and the NBTC Notice on Measures Governing Corporate Mergers into Telecommunications Business BE 2560 are corrected according to the procedures. criteria and methods already defined The case therefore does not meet the conditions for the judge to issue an order suspending the execution of the administrative order. Therefore, there is an order dismissing the appeal.
However, the prosecutor and the auditor are reading the details of the TAR order which rejected the application for temporary protection. And they will meet to determine the next way to fight.
The request for temporary protection was rejected without affecting the case.
Mr. Somchai commented that The fact that the court rejected the motion for consideration asking the court to issue temporary protective measures before the verdict “It is normal and does not affect the case” because the NBTC has documents and information who can prove to the court that the process and content of the NBTC resolution are illegal.
for the upcoming trial of this case Mr. Somchai explained that The Administrative Court ordered True, DTAC and NBTC to submit their testimony to the court within 30 days, which all three organizations are expected to prepare their testimony. But if the delay is not 30 days, which will expire at the end of December, an extension of the deadline for the presentation of the testimony can be requested.
“After all three present their testimony to the court, the court will send the testimony for consideration as a prosecutor. He made a letter opposing the testimony of True, DTAC, and NBTC about how every point he provided was incorrect “The court will send an objection to plaintiff’s testimony to True, DTAC and NBTC for further testimony. It’s a fight with documents.”
Mr. Somchai said Meanwhile, the court provides an opportunity for the examination and the NBTC to submit documents to the court for further consideration, that the examination has several additional issues to submit. but not yet disclosed at this time
image source, Council of Consumer Organizations
On November 10, 2022, representatives of the Council of Consumer Organizations filed a lawsuit against the NBTC and the Office of the NBTC in the Central Administrative Court, seeking to reverse the resolution of the NBTC “recognising” the merger between True-dtac
From the one hundred thousand million deal to a lawsuit in administrative court
After being the subject of rumors for many years, the issue of “True Buying DTAC” came back into the spotlight in late 2021 when Telenor from Norway. which is the major shareholder of DTAC, admitted in November 2021 that it was negotiating with Charoen Pokphand Group. True’s major shareholder with regards to the actual merger
days later True informed the Thailand Stock Exchange on November 22, 2021 that the meeting of the Board of Directors resolved to study the feasibility of merging the company with dtac. In conjunction with a conditional voluntary offer, the Company has also determined the stock allotment ratio (Exchange Ratio) for the allotment of shares in the merged company resulting from the Merger to True and DTAC shareholders.
The merger between True and DTAC has resulted in number 2 internet and mobile operator True and number 3 dtac merging to form a single player. surpassing the current market leader like AIS AND leaving only 2 players with similar market share This will result in less competition in the market. and finally those who are most affected by it. is the consumer
image source, Thai news pix
It has been analyzed that the merger will cause True-DTAC to have a combined number of users of approximately 51.3 million numbers, which is more than the market leader AIS, which has 43.7 million users and will have total revenues together with more than 163,032 million baht
On October 20, 2022, the merger took another step when the NBTC decided to “recognize” the merger of True and DTAC. Under specific conditions and measures to reduce the impact on consumers, competition and the telecommunications industry.
NBTC press releases. He said the board meeting took more than 11 hours to reach a resolution. by Clinical Professor Dr. Saran Boonbaichaipruek, MD The chairman of the NBTC committee exercises the right of chairman. recognize merger After approval and opposition the votes were 2:2 and 1 abstained.
“The majority of the meeting (NBTC Chairman and NBTC Torpong) resolved that the company merger in this case Is not a company holding the same type of service under clause 8 of the NTC notification on measures to prevent monopoly or unfair competition in telecommunications BE 2549. Published newspapers stated
“Moreover, due to the equality of votes cast by the said meeting, the chairman of the meeting exercised his power under Rule 41 of the NBTC’s Regulations on Regulations of the NBTC Meeting BE casting vote”
The majority vote is the president and Mr. Torpong Selanont, member of the promotion of people’s rights and freedoms. A minority is Prof. Dr. Pirongrong Ramasuta, director of television affairs. Associate Professor Dr. Suphat Supachalasai, while the Air Marshal Dr. Thanaphan Raicharoen abstained.
Nov 10, 2022 The Council of Consumer Organizations has filed a lawsuit against the NBTC in Administrative Court to reverse its “recognition” resolution of the True-DTAC merger. and asking the Administrative Court to issue a temporary protection order in four issues in order to reduce the impact on retail investors and consumers. until the court has rendered a verdict The complaint states that This resolution is an unlawful administrative measure. both in terms of content and process due to
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before the decision The NBTC did not conduct public hearings before setting specific conditions and measures.
- This resolution concerns mobile phone users. There are more than 118 million unique numbers for True and 60 million DTAC users, which is over 50% of the total number of cell phone users.
- Prior to the vote, the NBTC did not hear the full report from the Office’s foreign advisers. NBTC took over
- In the vote, the chairman cast a decisive vote against the regulations of the Radio and Television Commission. National Television Enterprise and Telecommunications Regarding the Rules for the Meeting of the Television Enterprise Broadcasting Commission and the National Telecommunications Law of 2012
- The content of the aforementioned resolutions is illegitimate, or contrary to art. 9 of the NBTC Notice on Measures Governing Corporate Mergers. in telecommunications And consider implementing the 2018 announcement in combination with clause 8 of the NTC notification on measures to prevent monopoly or unfair competition in the telecommunications sector BE 2549. which clearly states the powers of the NBTC committee When taking a resolution, must be permission. or just not allowed
