image source, Thai News Pix
Groups of people who oppose the merger of True and DTAC Gathered at the NBTC office on October 20, 2022 to oppose the “green light” vote for the two telecommunication giants to merge.
The Administrative Court issued an order dismissing a petition from the Council of Consumer Organizations (Sor.Sor.) requesting the court to delay the enforcement of the NBTC’s resolution. television business and the Telecommunications Commission (NBTC) that “acknowledgment” the business merger between True Corporation Public Company Limited and Total Access Communication Public Company Limited or DTAC. The Administrative Court reasoned that at this level “There is no reason to hear that the resolution of the respondent (NBTC) is likely to be unlawful.”
On Nov. 10, the NBTC filed a petition with the Central Administrative Court to revoke the resolution of the NBTC’s special meeting held on Oct. 20, in which the meeting resolved to “acknowledge” the merger between True. with dtac This is equivalent to opening the green light for the merger of two private telecommunication giants, which the NOR viewed as an unlawful administrative order both in terms of content and process. and will severely affect consumers
In addition, Noraw. also asked the Administrative Court to issue a temporary protection order by delaying the enforcement of the said resolution until the court has a verdict.
Mr. Somchai Ameen, a lawyer representing NOR in prosecuting the case Revealed to BBC Thai that he received a letter from the Administrative Court on December 9, informing him that The Court dismissed the NBTC’s petition to delay the enforcement of the NBTC’s resolution, meaning both True and DTAC can proceed with the merger now.
“This is an order in which the court rejects a request for a temporary protection order only. The court has not yet made a decision on the content of the case. Therefore, the issue of whether or not the NBTC’s resolutions are legal or not Still need to consider, ”said Somchai.
In this regard, the order of temporary protection that the Sor.or.or.
1. Ask the Administrative Court to order to suspend the enforcement of the NBTC’s resolution on acknowledgment of the business merger between True and DTAC at the NBTC meeting on Oct. 20.
2. Ask the Administrative Court to issue an order to prohibit or suspend any acts and juristic acts related to or in connection with the acknowledgment of the business merger between True and dtac.
3. Ask the court to order the Securities and Exchange Commission of Thailand and the Securities and Exchange Commission of Thailand to delay or suspend the share buyback from shareholders who oppose the merger between True and DTAC. keep
4. Request the court to order the public company registrar Department of Business Development Ministry of Commerce Delay or suspend the registration and merger of True and DTAC
image source, Thai News Pix
Groups opposing the NBTC’s resolution that gave the green light to the True-DTAC merger stated that the NBTC did not conduct public hearings before voting.
The order of the Administrative Court dated Dec. 9 was signed by Mr. Chatchai Yodmalai, Chief Judge of the Central Administrative Court. The judge in charge of the 30-page essay made a decision on all 4 issues above. Before an order was issued to dismiss the plaintiff’s request for temporary protection before judgment.
Mr. Somchai summarized the order of the Administrative Court for the BBC Thai that “At this level, the court found that the resolution of the 1st defendant (NBTC) made a special appointment No. 5/2022 on October 20, 2022. Agenda 5.1 Report on the business merger between True Corporation Public Company Limited and Total Access Communication Public Company Limited who acknowledged the business merger between the two companies By virtue of the Act on the Frequency Allocation Organization and Regulation of Radio Broadcasting Business television radio and Telecommunications Business B.E. 2553 and the NBTC Notification on Measures Regulating Business Mergers in Telecommunications Business B.E. 2560 are correct according to the procedures. criteria and methods that have already been defined The case therefore does not meet the conditions that the court will issue an order to suspend the enforcement of the administrative order. Therefore, there is an order to dismiss the petition.”
However, the attorney and the auditor are in the process of reading the details of the order of the Administrative Court that dismissed the petition for temporary protection. And will meet together to determine the way to fight next.
The petition for temporary protection was dismissed without affecting the case.
Mr. Somchai commented that The fact that the court dismissed the petition for examination asking the court to issue temporary protection measures before the verdict “It is normal and does not affect the case” because the NBTC has documents and information that can prove to the court that the process and content of the resolution of the NBTC are unlawful.
for the next process of this case Mr. Somchai explained that The Administrative Court has ordered both True, DTAC and NBTC to submit their testimony to the court within 30 days, which it is expected that all three organizations are preparing their testimony. But if it’s not 30 days late, which will be due at the end of December, you can request an extension of the time for submitting the testimony.
“After all three submitted their testimony to the court, The court will send testimony for examination as the prosecutor. Made a letter opposing the testimony of True, DTAC and the NBTC about how each issue that he gave was incorrect. The court will send an objection to the plaintiff’s testimony to True, DTAC and the NBTC to submit additional testimony. It’s a fight with documents.”
Mr. Somchai said In the meantime, the court gives an opportunity for the exam and the NBTC to submit documents to the court for additional consideration, which the exam has several additional issues to submit. but not yet disclosed at this time
image source, Council of Consumer Organizations
Representatives of the Council of Consumer Organizations filed a lawsuit against the NBTC and the Office of the NBTC to the Central Administrative Court on Nov. 10, 2022, in order to revoke the NBTC’s resolution “acknowledging” the merger between True- dtac
From a hundred thousand million deal to a case in the Administrative Court
After being rumored for many years, the issue of “True Buying DTAC” came back into the spotlight again at the end of 2021 when Telenor from Norway. which is DTAC’s major shareholder, admitted in November 2021 that it was negotiating with the Charoen Pokphand Group. True’s major shareholder regarding the actual merger
a few days later True informed the Stock Exchange of Thailand on November 22, 2021 that the Board of Directors’ meeting resolved to study the feasibility of merging the company with dtac. Along with a conditional voluntary offer The Company has also determined the share allocation ratio (Swap Ratio) for the allocation of shares in the new company resulting from the Amalgamation to True and DTAC shareholders.
The merger between True and DTAC resulted in the No. 2 internet and mobile operator True and No. 3 dtac joining together to form a single player. number one overtaking the existing market leader like AIS And leaving only 2 players with similar market share This will result in reduced competition in the market. and finally those who are most affected. is the consumer
image source, Thai News Pix
It has been analyzed that the merger will make True-DTAC 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 to more than 163,032 million baht
On October 20, 2022, the merger took another step when the NBTC resolved to “acknowledge” the merger of True and DTAC. Under specific conditions and measures to reduce the impact on consumers, competition and the telecommunications industry.
Press releases of the NBTC. Stated that the board meeting took more than 11 hours to reach a resolution. by Clinical Professor Dr. Saran Boonbaichaipruek, M.D. The chairman of the NBTC committee exercises the right of chairman. acknowledge the merger After the approval and opposition votes were tied at 2:2 and 1 abstention.
“The majority of the meeting (the chairman of the NBTC and the NBTC Torpong) resolved that the business merger in this case It is not a business holding in the same type of service pursuant to Clause 8 of the NTC Notification on Measures to Prevent Monopoly or Unfair Competition in Telecommunications Business B.E. 2549. Newspapers published stated
“In addition, due to the equal votes cast by the aforementioned meeting, the chairman of the meeting has exercised his power according to Article 41 of the NBTC’s Regulations on Regulations of the NBTC Meeting B.E. 2555 to cast additional votes. one more vote as a decisive vote”
The majority vote is the chairman and Mr. Torpong Selanont, member of the promotion of people’s rights and liberties. A minority is Prof. Dr. Pirongrong Ramasuta, director of television affairs. Associate Professor Dr. Suphat Supachalasai, while abstaining was Air Marshal Dr. Thanaphan Raicharoen.
10 Nov 2022 The Council of Consumer Organizations filed a lawsuit against the NBTC to the Administrative Court to revoke its “acknowledgment” resolution of the True-DTAC merger. and requesting 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 a verdict In the complaint, it states that This resolution is an unlawful administrative order. both in terms of content and process due to
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before the resolution The NBTC did not conduct public hearings before setting specific conditions and measures.
- Such resolution affects mobile phone users. There are more than 118 million unique numbers for True and 60 million DTAC users, accounting for more than 50 percent of the total number of mobile phone users.
- Before voting, the NBTC has not listened to the complete report of foreign consultants from the Office. NBTC has hired
- In voting, the chairman cast a decisive vote, which is against the Broadcasting Commission’s regulations. television business and national telecommunications Regarding the rules for the meeting of the Broadcasting Commission television business and the National Telecommunications Act 2012
- The content of the said resolution is unlawful, that is, contrary to Article 9 of the NBTC’s Notification on Measures Regulating Business Mergers. in telecommunications Consider implementing the 2018 announcement in conjunction with Clause 8 of the NTC Notification on Measures to Prevent Monopoly or Unfair Competition in Telecommunications Business B.E. 2549. which clearly states the powers of the NBTC committee In making a resolution, it must be permission. or not allowed only