Cade judges on Wednesday (9) an appeal against the decision that approved the sale of Oi

The Administrative Council for Economic Defense (Cade) scheduled, for next Wednesday (9), the judgment of the motion for clarification presented against the decision that approved the purchase of Oi Móvel by Claro, TIM and Vivo. The appeal will be reported by councilor Lenisa Prado, who voted in favor of the deal, which ended up prevailing.

As shown by Broadcast, Grupo Estado’s real-time news system, on Thursday (3), the Brazilian Association of Competitive Telecommunications Service Providers (Telcomp) appealed to the Council alleging that the terms of the Concentration Control Agreement ( ACC) negotiated by the companies with CADE are different than those imposed by Prado and informed during the judgment session.

Last week, Algar Telecom also filed an appeal against the terms of Cade’s decision, in an argument similar to that presented by Telcomp.

At the trial, which took place at the beginning of February, three counselors voted to disapprove of the operation and three others considered that the package of “medicines” negotiated with the companies was enough for Cade’s majority to maintain competition in the sector. It was up to President Alexandre Cordeiro, who has a mining vote, to break the tie for approval of the deal.

The terms of the agreement are confidential and have not been disclosed to the public, but, according to Broadcast, they include the lease of 10% to 15% of the spectrum acquired from Oi, among other actions. The companies will also sell half of the antennas and equipment.

The companies already intended to sell 30% of these devices, but increased the offer in negotiation with Cade. They also committed to renting a 900 MHz band, used in sparsely populated areas, such as rural areas.

“From the availability of the ACC, it was possible to verify, in addition to its potential inability to mitigate all serious and recognized competition concerns, a real mismatch between the vote-conductor and the judgment certificate”, Telcomp pointed out in the document.

According to the entity, the CADE Court “determined other conditions” for approval of the transaction, such as, for example, pricing rules for certain wholesale service offerings, which, according to TelComp, should have been reflected and incorporated into the text. end of the agreement.

During the trial, counselor Luis Braido, who voted against approving the transaction, raised similar questions, stating that the terms brought by Lenisa Prado’s vote during the session were different from those negotiated with the companies in the ACC.