EU Sets Out Objections to Hutchison's Telefó nica U.K. Deal
February 05 2016 - 11:50AM
Dow Jones News
BRUSSELS—The European Union has sent CK Hutchison Holdings Ltd.
a statement setting out its objections over the company's planned
$14 billion takeover of Telefonica SA's British cellphone operator
O2, according to people familiar with the matter, on concerns the
deal could lead to higher prices and less choice for U.K.
consumers.
The European Commission, the bloc's top antitrust regulator, has
said the sale of O2 to Hong Kong tycoon Li Ka-shing's conglomerate
Hutchison would create the largest mobile-network operator in the
U.K., potentially removing an important competitor.
The commission opened a full-blown investigation into the
telecoms deal in October.
O2 is Britain's second-largest mobile operator, and Hutchison
already owns the fourth-largest operator, Three U.K.
In a statement, Hutchison's managing director Canning Fok on
Thursday defended the deal, saying it would be willing to sell
fractional ownership stakes in its U.K. mobile network to
competitors.
Mr. Fok also said the consolidation of the two companies would
lead to a five-year price freeze for consumers and that the merged
entity would invest £ 5 billion in the business during that time.
Telefó nica also said in November that it expected the commission
to approve the deal.
It isn't uncommon for the commission to send companies a
statement of objections in big merger cases, especially if the
acquiring firm hasn't managed to assuage the regulator's concerns
since opening the full-blown investigation into the deal.
The statement of objections outlines the competition concerns in
greater detail and essentially kick-starts a period of negotiations
between the EU and the acquiring company over what remedies the
firm will offer to help win the deal's approval. Shedding assets
and giving away access to infrastructure are typical in
telecommunications mergers.
A number of groups are already taking a keen interest in
possible buying opportunities among the likely remedies arising
from the deal. French telecoms billionaire Xavier Niel, who
controls French telecoms group Iliad SA, is looking into whether he
can use them to enter the U.K. telecoms market, people familiar
with the matter said. Virgin Media, controlled by John Malone's
Liberty Global PLC, is also considering opportunities to beef up
its mobile offering in the U.K.
Europe's antitrust chief Margrethe Vestager has taken a tough
stance against telecoms mergers in the region during her tenure,
particularly in cases where mobile-phone mergers reduce the number
of operators in a given country from four to three.
Telecoms operators say they are looking to consolidate with
rivals in the same country to afford rising costs and boost their
investment in networks as revenues shrink. But Ms. Vestager has
previously dismissed those claims, saying excessive consolidation
can lead to larger bills for customers and zaps incentives to
innovate.
The EU on Thursday approved Liberty Global's €1.3 billion
euros ($1.45 billion) purchase of Belgian mobile-phone operator
BASE Company NV. But the deal received a stamp of approval largely
because the parties are selling BASE's share in the mobile virtual
network operator Mobile Vikings to Belgian broadcaster Medialaan,
ensuring that a new operator is entering the market.
The commission's current deadline for reviewing the merger is
set for April 22, though it could still be extended. If the EU
fails to reach an agreement with the parties on how to bring the
acquisition into line with EU competition rules, the commission can
decide to block the merger.
Simon Zekaria contributed to this article.
Write to Nick Kostov at Nick.Kostov@wsj.com and Natalia Drozdiak
at natalia.drozdiak@wsj.com
(END) Dow Jones Newswires
February 05, 2016 12:35 ET (17:35 GMT)
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