The Central Administrative Court has dismissed a consumer council’s lawsuit against the National Broadcasting and Telecommunications Commission (NBTC) over the merger of True Corporation (TRUE) and Total Access Communications (DTAC).
The Thailand Consumers Protection (TCC) claimed that the NBTC’s resolution acknowledging the merger was unconstitutional and constituted a breach of the rights of consumers.
The court ruled that the TCC has the right to file the lawsuit on behalf of consumers, because it is an organisation dedicated to the protection of the rights of consumers and, hence, is regarded as a legitimate party in the dispute.
Regarding the telecom regulator’s resolution acknowledging the merger, the court ruled that it is within its authority to do so, adding that there is no requirement for the companies to seek approval from the NBTC for their merger.
Regarding the council’s contention that the independent advisor to the NBTC is not, in fact, independent, and may have connections with the two telecom companies, the court ruled that the appointment of the advisor was just part of the administrative process, which occurred before the merger.
The court added that it found no connection between the advisor and either of the two telecom firms.
The court also ruled that there is no legal requirement for the NBTC to conduct a hearing to gauge public opinion about the merger plan.
Nonetheless, the court’s ruling does not prevent the TCC from appealing against the verdict to the Supreme Administrative Court.
The merger reduces the number of mobile phone service providers in Thailand to just two. The other is Advanced Info Service (AIS).
