The Administrative Council for Economic Defense (Cade) decided today (9) to maintain the approval of the sale of Oi Móvel (mobile service operated by the Oi operator) to the companies Claro, Vivo and TIM. The agency, however, inserted points that were not included in the agreement negotiated between the purchasing companies and the government.
The Agreement on Merger Control (ACC) will have to specify the methods used to calculate wholesale national roaming and virtual network prices. Through these two technologies, operators share infrastructure in the telephony market.
The second condition concerns the consultancy to be hired to monitor compliance with the agreement. The company must prove extensive experience in the telecommunications market and technical-operational knowledge in the personal mobile service segment.
These two points had been mentioned by counselor Lenisa Prado in the session that approved the deal in February. However, the two conditions were not written in the ACC.
Cade judged two motions for clarification presented by Algar Telecom, an operator that operates in Minas Gerais, São Paulo, Goiás and Mato Grosso do Sul, and by the Brazilian Association of Competitive Telecommunications Service Providers (TelComp). The two appeals questioned alleged contradictions between the decision approved by CADE’s Tribunal and the published ACC.
