The NBTC last week voted 3:2 to “conditionally acknowledge” a planned merger between True Corporation and Total Access Communications (Dtac) after nine months of deliberation.
Colonel Settapong Malisuwan, the vice-chairman of the House committee on communications, telecommunications and digital economy and society and former NBTC vice-chairman, said on Tuesday that the NBTC had taken a step in the “right direction” as it had followed the laws and regulations while also being non-discriminatory.
Settapong said the process needed to follow the 2018 NBTC regulation on mergers, which allows businesses wishing to merge to only notify the regulator, not seek its approval.
He said the 2006 anti-monopoly directive that requires businesses to seek approval has been cancelled.
“This decision by the NBTC will be the right norm for working under the laws. All cases must be considered equally and be non-discriminatory. When we have rules and regulations, we must follow them.”
Settapong mentioned that the True-Dtac merger was not the first under the 2018 NBTC regulation. It had been enforced when he was the NBTC’s vice-chairman. He said there have been nine previous mergers.
He explained that the NBTC must be informed according to the law as the latest planned merger was an amalgamation under the 2018 NBTC regulation. The companies must send a report to the commission and inform its secretary-general for at least 90 days about developments, he added.
Settapong said the NBTC clearly has the power to set conditions or measures for mergers to protect the public.
He believed customers will benefit from certain conditions (a price ceiling and price controls) and this could be applied to all players in the industry for fairness.
However, Settapong said the NBTC must release follow-up regulations and monitor the merger so it will be beneficial to the public. The commission must also step in immediately if the merger affects people’s rights, he made it clear.
As for concerns about monopoly or high service prices, he said all operators must follow laws and regulations and they cannot fix prices freely.