As a result of the conditions imposed by the Superintendence of Competition to carry out the operation, América Movil and Telefónica decided to cancel the agreement to purchase 99.3% of Telefonica Moviles El Salvador.
According to the technical, legal and economic analysis carried out by the Superintendence of Competition SC, it was warned that the acquisition would produce limitations to competition in the markets of mobile and fixed telephony and business connectivity services.
One of the conditions for authorizing the acquisition is that America Movil must relinquish the right to operate 25 MHz of radio spectrum with national coverage in the 850 MHz band and 30 MHz of radio spectrum with national coverage in the 1900 MHz band, which currently belong to Telefonica.
According to the technical, legal and economic analysis carried out, it was warned that the acquisition would result in limitations to competition in the markets for mobile and fixed telephony and business connectivity services. Therefore, the Board of Directors of the Superintendence of Competition (CDSC) decided to impose a set of conditions to repair the damages, which include enforcement measures prior to the closing of the transaction (ex ante) and a series of subsequent obligations (ex post) in order to counteract such limitations, informed the Superintendence of Competition (SC).
When the Central American economies begin to relax the restrictions that have been adopted to prevent the spread of covid-19, sales of pay television service are forecast to fall by at least 2%.
Using a demand/income sensitivity model developed by CentralAmericaData's Commercial Intelligence Area, it is possible to project the variations that household demand for different goods and services will undergo as the most critical phases of the spread of covid-19 are overcome and the measures restricting mobility in the region's countries are lifted.
In El Salvador, businessmen are preparing a proposal for the government to disconnect the 2G telephone network, so that services migrate to 4G and 5G technology.
The initiative, which is being prepared by the National Association of Private Enterprise (ANEP), will be presented to the authorities during the National Meeting of Private Enterprise (Enade) 2019.
With the admission of a new procedure for the authorization of economic concentration, presented by América Movil and Telefonica de El Salvador, begins "the technical, economic and legal analysis that will determine whether or not the transaction will cause a significant limitation of competition."
Both companies submitted this third application for authorization on 19 September this year.
After rejecting the two previously filed applications, El Salvador's Superintendence of Competition confirmed that it had received a new request for América Móvil to complete the acquisition process of Telefónica.
The sanction was imposed following a complaint made "by TVC Network, S.A. de C.V., against Digicel, S.A. de C.V., for a possible abusive dominant position."
The complainant stated that this economic agent was creating barriers to the entry of competitors or the expansion of existing ones in the market for the termination of national and international calls, informed the authorities of the country.
The Superintendence of Competition of El Salvador once again declared "inadmissible the request for authorization of economic concentration presented by América Móvil, which would consist of the acquisition of the share capital necessary to control Telefónica's operations."
In El Salvador, the Superintendence of Competition reported that "it has declared inadmissible the request for economic concentration presented by América Móvil S.A.B. de C.V., on March 5 of this year."
"When a new application for authorization is submitted, the SC will continue this process on the basis of a technical, legal and economic analysis, under the principle of independence that the LC mandates and distinguishes its actions, with the sole objective of protecting and ensuring competition in the country," reported the Superintendence of Competition (SC).
The mergers and acquisitions being reported in Central America are largely because not all companies in the region are willing to make the heavy investments that the transition to 5G technology will require.
The most recent register of the sale of assets of one of the Central American competitors is the case of Telefónica, which on January 24 reported that for $648 million it sold to América Móvil all the shares of Telefónica Guatemala and 99.3% of Telefónica El Salvador.
The company reported that it signed an agreement with Millicom S.A. for the sale of all shares of Telefonica Costa Rica, Nicaragua and Panama, closing the transaction at $1.65 billion.
After the company reported in late January 2019 that for $648 million it had agreed to sell to America Móvil all the shares of Telefonica Guatemala and 99.3% of Telefonica El Salvador, it now announced that it had completed the sale process of the entire operation in Central America.
The company reported that it sold all the shares of Telefónica Guatemala and 99.3% of Telefónica El Salvador to América Móvil for $648 million.
The Spanish company stated that the closing of the sale of Telefónica Guatemala took place on January 24, however, the sale of Telefónica El Salvador is subject to the relevant regulatory conditions.
Regarding the announcement of the purchase of Telefónica El Salvador, the Superintendence of Competition (SC) of that country informed that until January 25, 2019, it had not received any request for authorization from América Móvil for the purchase of Telefónica de El Salvador.
A new regulation is in force that has as one of its purposes to compensate the customer for the poor quality of the connection and to automatically compensate when service failures are prolonged.
The General Superintendency of Electricity and Telecommunications (SIGET) approved the Quality Regulation for Public Telephony and Data Transmission Services, which is intended to improve the service that different companies currently provide.
Operators are opposed to the proposal to tax phone bills and purchases of technological equipment, while the government has shown itself unwilling to cooperate by reducing tariffs.
While the government insists that telecommunications companies must lower telephone rates in order to minimize the impact of a future tax of 10% for public security, telecoms companies have defended themselves arguing that "...
In order to finance public safety the government is proposing charging a 10% tax on the consumption of telecommunications services and the purchase of devices for ten years.
From a statement issued by the Presidency of El Salvador:
Government presents to the Legislature proposal on special contributions for security
The government of President Salvador Sanchez Ceren submitted to the Legislature the proposed Law on Special Contributions for Citizen Security and Coexistence, which will provide resources for the State so that it can continue to promote actions to generate in El Salvador a climate free of social violence and crime which is key to making progress in inclusive development.