Telecoms regulator right to back True-Dtac merger deal: lawyer
The National Broadcasting and Telecommunication Commission (NBTC) acted correctly and courageously in backing the controversial merger deal between two telecom giants, a renowned lawyer said on Friday.
Rujira Bunnag rejected criticism of the NBTC’s decision on Thursday to approve the merger of True Corporation and Total Access Communication (Dtac), saying the regulator had done its duty in the face of external pressures.
He said that according to a 2018 announcement, the NBTC does not have the authority to permit or reject mergers resulting in a new company.
However, the NBTC can set up conditions or specific measures to protect the public interest, he said, adding that its decision was in line with government lawyers’ recommendations and a Chulalongkorn University study.
"I would like to praise NBTC chairman, Dr Sarana Boonbaichaiyapruck, for his leadership and bravery in making the decision without discrimination, which is the right solution," he said.
NBTC members could have been punished under Section 172 of the Organic Act on Anti-Corruption BE 2561 (2018) and Section 157 of the Criminal Code if they had neglected their duties or misused their authority in the case, he said. Each law carries a penalty of 1-10 years in prison, a 20,000-200,000 baht fine or both.
"This NBTC board differs from its predecessors as there are no lawyers among its members, meaning no one can offer guidelines on laws to consider for the merger deal," he said.
Rujira also expressed confidence that the NBTC will issue conditions for the merger deal to ensure that both consumers and telecoms development in Thailand are protected.
The Thailand Consumers Council (TCC) said on Thursday it will file for a court injunction to stop the merger deal. It said it will also ask the National Anti-Corruption Commission to investigate the telecoms regulator for negligence and failing to protect consumer interests. The TCC and other opponents of the merger say it will undermine market competition and telecoms development in Thailand and lead to higher prices for consumers.
