Telco takeovers require clearance

Summary: A report last week suggested that PT Telekomunikasi Indonesia had submitted a bid to buy PacNet in a deal that could value the latter at US$1 billion, including debt. The bid was later denied.

A report last week suggested that PT Telekomunikasi Indonesia had submitted a bid to buy PacNet in a deal that could value the latter at US$1 billion, including debt. The bid was later denied.

Telco merger and acquisition transactions are seldom straightforward.

For telcos such as PacNet, which is a Designated Telecommunication Licensee in Singapore, any consolidation has to comply with the rules set out in the Code of Practice for Competition in the Provision of Telecommunication Services 2012. An application must be submitted to assist the industry regulator, Infocomm Development Authority of Singapore (IDA), in assessing the likely competitive effect of the consolidation.

IDA may request for more information and also impose certain terms and conditions in granting approval, including conditions designed to preserve competition and meet public interest objectives.

Topic: Telcos

About

Called to the Singapore and English Bars, Bryan Tan has practised in two of Singapore's largest law firms and an international law firm. Bryan led many industry firsts including the first mass e-mail defamation case in the world, Singapore's first publicised telecoms competition dispute, a pan-Asian co-branded travel portal, the first privately-funded cable landing project in Singapore and the world's first registrar-level domain name dispute.
His areas of practice include IT, telecommunications, biotechnology and bioinformatics, Chinese intellectual property, entertainment law and corporate work. He is also an author of Halsbury's Laws of Malaysia: E-Commerce. He also co-wrote the Singapore chapter of 'Digital Evidence' with Prof. Daniel Seng and is writing Halsbury's Laws of Singapore: E-Commerce.

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