Dr. Prawit Leesathapornwongsa Chairman of the Subcommittee to study and analyze the case of business merger between TRUE and DTAC on consumer protection and civil rights disclosed through the list “Stock news penetrates the market” on the issue of mergers and acquisitions betweenTrue Corporation Public Company Limited or TRUE andTotal Access Communication Public Company Limited or DTAC behind the Office of the Council of State There has been a letter answering the issue. Office of the Broadcasting Commission television business And the National Telecommunications Commission or NBTC, which the NBTC board is waiting for opinions. To be used for consideration in the merger said that
Personally, I think Memorandum of Opinion of the Council of State has clearly stated that Announcement of the Broadcasting Commission television business and the National Telecommunications Commission on Measures to Regulate Business Integration in the Telecommunications Business B.E. which in the announcement, if it is a general business merger Or is it a merger in the business of the same license holder, just report it to the NBTC and if the NBTC sees that there is a public impact Specific measures can be specified in accordance with Article 12 in the said announcement.
However, the Council of State has interpreted Article 9 of the NBTC announcement in 2018 that if the merger is a business holding which is a merger with other license holders Submitting a merger report to the NBTC shall be deemed an application for permission under Article 8 of the NBTC Notification 2006, which stipulates that holding the same type of telecommunication business must obtain permission from the NBTC first. Therefore, the NBTC must first interpret that Is the TRUE-DTAC merger deal the same type of business? Therefore, it can be said that The NBTC has the power to grant permission. or not allowed in mergers and acquisitions
Dr. Prawit also explained that to see if Are any businesses of the same type? must be considered according to academic principles by the criteria for consideration that such business Is it the same type? The start must look at the license of the operator. Is it the same type? It is then necessary to define the definition of the relevant market and what impact it has on the market. From the report of an independent consultant (Finansa Securities Company Limited) presented information to the NBTC that it is a mobile phone market. Voice and Internet Therefore, it is likely that The business operations of the two companies that will be merged are holding the same business.
As for the case of the merger deal between TRUE-DTAC, it will not be a merger between the two parent companies, but rather to set up a new company to acquire the two companies instead, will it affect the consideration or not? Dr. Prawitstates that if considering the NBTC announcement of the year 49, the law states that Whether the merger is directly or indirectly, so even if it is not directly acquired. but bought indirectly would fall under the aforementioned announcement Which by a wise man who practices the merger between TRUE-DTAC is considered a holding in the same business, but we will have to wait to see how the legal team of both companies will fight in this regard. for consideration of NBTC that this merger is a business holding or not
Dr. Prawit revealed that while serving as the chairman of the subcommittee, collecting information for further submission The NBTC has invited representatives of both TRUE-DTAC to provide information about the public benefits that will occur with the merger of the two companies, but it appears that neither company provides any information. by simply saying It is business information that cannot be disclosed. Therefore, the subcommittee of the majority voted that A TRUE-DTAC merger deal shouldn’t happen. Until the private sector has explained the benefits that will occur to the public
However, Dr. Prawit has warned to the 5 NBTC committees to consider such issues based on facts and legal issues regarding the powers and duties of the NBTC. The Council of State and the Administrative Court confirmed that The NBTC has the power to oversee mergers and acquisitions. If not taking action as required by law would be at risk of criminal prosecution