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).
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.
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 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.
Details from a report given to the Securities and Exchange Commission on the company's activities in the six Central American countries during the first quarter of 2014.
Operating revenues in Central America (Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama) during the first three months of 2014 increased by 12.1% compared to the first three months of 2013. Adjusted operating revenue by 7.6%. This increase was mainly driven by the increase in wireless data, broadband and pay-TV services, offset by decreases in VOIP services.
After the competition regulator imposed the release of part of the spectrum leased by Claro as a condition to the merger between the two companies, America Movil has announced its withdrawal from the move.
In March last year, America Movil announced an agreement to acquire a 100% stake of Digicel El Salvador, for an undisclosed amount.
The Superintendency of Competition (SC) of El Salvador conditioned the operation to Claro waiving the right to exploit 20 MHz of the total spectrum it owns in El Salvador. "The reason for this precondition to authorize the merger of operations of both companies is to retain the current level of competition in the cell phone industry to protect consumers' pockets", explained at the time the head of the SC, Francisco Diaz Rodriguez .
A study by Signals Telecom Consulting estimated that in 2015 Salvadoran telecommunications companies will sell more than $1.870 million.
“This is because companies have already started to create ‘combos’ with their services (landline, mobile, cable and Internet), in order to increase their revenues and retain more customers”, reported Laprensagrafica.com.
Presidet Mauricio Funes accused legislators from his own party of being "populist and irresponsible", for passing a bill eliminating the basic fee on fixed telephony.
The country's two main political parties, FMLN (party in power) and ARENA (opposition), teamed to pass a bill eliminating the basic fee for fixed telehony.
América Móvil, Telefónica, Tigo and Digicel, the telecommunications companies who operate in the country, have announced they could withdraw from the country if the measure comes into effect.
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