{"id":5033,"date":"2012-10-17T08:53:47","date_gmt":"2012-10-17T13:53:47","guid":{"rendered":"http:\/\/www.ict-pulse.com\/?p=5033"},"modified":"2012-10-17T09:09:19","modified_gmt":"2012-10-17T14:09:19","slug":"digicel-claro-merger-good-jamaica","status":"publish","type":"post","link":"https:\/\/ict-pulse.com\/2012\/10\/digicel-claro-merger-good-jamaica\/","title":{"rendered":"Has the Digicel-Claro merger been good for Jamaica?"},"content":{"rendered":"
A look back at the events surrounding the sale and subsequent merger of Claro Jamaica with Digicel Jamaica, in light of the recent decision of the competition regulator in El Salvador.<\/em><\/p>\n <\/a>Around two weeks ago, the press within the region began to draw attention to the decision of the competition regulator in El Salvador not to approve the proposed sale of Digicel El Salvador to Am\u00e9rica M\u00f3vil. The regulator, the Superintendence of Competition<\/a>, was of the view that<\/p>\n \u2026 the merger would “adversely affect the dynamics of competition” and “welfare of consumers” in the mobile and fixed telephony market\u2026 the Claro\/Digicel acquisition would create “legal, economic, strategic and technical” barriers for new entrants\u2026 (Source: The Gleaner<\/a>)<\/p><\/blockquote>\n The transfer of Digicel\u2019s Salavadoran operations to Am\u00e9rica M\u00f3vil was part of a larger deal comprising Digicel Honduras and Claro Jamaica. Digicel Honduras would also be transferred to Am\u00e9rica M\u00f3vil, whilst Claro Jamaica, which is owned by Am\u00e9rica M\u00f3vil, would be transferred to the Digicel Group Limited (Digicel). The Salvadoran Superintendence of Competition\u2019s decision not to approve the transfer has prompted us to revisit the transaction in Jamaica, and highlight some of the resulting consequences.<\/p>\n <\/a>On 11 March 2011, it was announced that Digicel had purchased Claro Jamaica, the country\u2019s third mobile operator. In our post, Is the sale of Claro to Digicel good for competition in Jamaica?<\/em><\/strong><\/a>, we noted the transaction would effectively reduce the number of mobile operators from three to two \u2013 Digicel Jamaica and LIME Jamaica. However, since at that time the deal would have been subject to ministerial\/regulatory approval, we also highlighted key regulatory issues that ought to be considered, such as the impact on<\/p>\n The approval of Digicel\u2019s acquisition of Claro Jamaica was issued in late August 2011. Initially the then Prime Minister, Hon. Bruce Golding, included a proviso that two separate and independent networks should be maintained (Source: The Gleaner<\/a>), but a subsequent change in party leadership resulted in that condition being eliminated. Hence by late November 2011, Digicel was able to announce the completion of its acquisition of Claro Jamaica, and its intention to merge Claro Jamaica with its own operations.<\/p>\n <\/a>While Digicel was in the process of facilitating the transition, in late December 2011, the Fair Trading Commission (FTC) in Jamaica \u2013 the equivalent of the Salvadoran Superintendence of Competition \u2013 filed an injunction to block the merger. As was noted in our post, Will the FTC\u2019s final bid to stop the Digicel-Claro merger be successful?<\/em><\/strong><\/a>, the FTC was of the position that the merger would lessen competition in the island\u2019s mobile\/cellular market and was in breach of the Fair Competition Act 1993 as amended.<\/p>\n The merger of Claro\u2019s operations with Digicel Jamaica was completed by February 2012, but preliminary hearings for the injunction were finally concluded in May 2012, where the judge upheld that<\/p>\n \u2026the FTC has jurisdiction over the Digicel\/Claro acquisition agreement; and that the Fair Competition Act (FCA) does apply to the agreement. This means that the FTC can proceed to trial to have the substantive issue heard as to whether the agreement between Digicel and Claro adversely affects competition in the telecommunications market\u2026<\/em> (Source: FTC<\/a>)<\/p><\/blockquote>\n Hence pending any appeal from Digicel, court proceedings for the injunction have been scheduled for May 2013.<\/p>\n As it currently stands, the merger of Claro and Digicel Jamaica has been completed, but the court case to block the merger will be heard in mid-next year. Even if the FTC is successful in its lawsuit, it seems unlikely to change the status quo into the foreseeable future. Moreover, the FTC has offered no explanation as to why it took so long to challenge the sale \u2013 nine months after the initial announcement, and after the purchase was completed. Having said this, the Salvadoran regulator\u2019s position on the proposed merger does highlight two major consequences that the Jamaican mobile\/cellular market has begun, and will continue, to experience.<\/p>\n Although Claro Jamaica was a smallest and newest player in the market, and Digicel jamaica the largest, there had been active jostling between the two companies, which ensured a degree of dynamism among providers, which benefited consumers. The loss of Claro has changed the competitive posture of both LIME Jamaica and Digicel Jamaica, which are well established in the market.<\/p>\n Similarly, in a mobile\/cellular market that is as well developed as in Jamaica, a prospective telco might be reluctant to enter such a mature industry. Moreover, it is not clear the extent to which critical resources, such as frequencies and numbers, are not only available for a prospective new entrant, but also offer similar advantages to that which has already assigned.<\/p>\n In summary, Jamaica\u2019s current focus appears to be on establishing frameworks for number portability and for the take-up of the frequencies in 700 MHz band, through which it plans to promote competition in data communications\/mobile broadband, and specifically, the introduction of Long Term Evolution (LTE)<\/a>. Although mobile broadband technologies can support voice communications, most operators consider voice calling as a premium service, and frequently charge for it separately from data services. Hence telcos tend to overlay another (less advanced network, such as GSM, a second-generation mobile\/cellular technology) on their data infrastructure, to support voice.<\/p>\n Finally, historically, Jamaica has struggled with establishing a strong third mobile\/cellular operator. Claro Jamaica may have made the greatest inroads to date. Nevertheless, regardless of the outcome of the 2013 court case, which is likely to be appealed, the Claro Jamaica -Digicel merger has already irrevocably changed the landscape of the Jamaican telecoms market. However the new focus on wireless\/mobile broadband may offer some opportunities for competition in the mobile\/cellular market, which remain to be seen.<\/p>\n <\/p>\n Image credits: Wikipedia<\/a>;\u00a0 Wikipedia<\/a>;\u00a0 Brands of the World<\/a>;\u00a0 Facebook<\/a><\/em><\/p>\n _______________<\/p>\n","protected":false},"excerpt":{"rendered":" A look back at the events surrounding the sale and subsequent merger of Claro Jamaica with Digicel Jamaica, in light of the recent decision of the competition regulator in El […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","om_disable_all_campaigns":false,"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false},"version":2}},"categories":[17,19,18],"tags":[53,99,54,55,12],"class_list":["post-5033","post","type-post","status-publish","format-standard","hentry","category-caribbean","category-mobile-telecoms-2","category-telecoms-2","tag-competition","tag-digicel","tag-jamaica","tag-mergers-acquisitions","tag-regulation","et-doesnt-have-format-content","et_post_format-et-post-format-standard"],"jetpack_publicize_connections":[],"aioseo_notices":[],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p2iE1G-1jb","jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/ict-pulse.com\/wp-json\/wp\/v2\/posts\/5033","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ict-pulse.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ict-pulse.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ict-pulse.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/ict-pulse.com\/wp-json\/wp\/v2\/comments?post=5033"}],"version-history":[{"count":9,"href":"https:\/\/ict-pulse.com\/wp-json\/wp\/v2\/posts\/5033\/revisions"}],"predecessor-version":[{"id":5042,"href":"https:\/\/ict-pulse.com\/wp-json\/wp\/v2\/posts\/5033\/revisions\/5042"}],"wp:attachment":[{"href":"https:\/\/ict-pulse.com\/wp-json\/wp\/v2\/media?parent=5033"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ict-pulse.com\/wp-json\/wp\/v2\/categories?post=5033"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ict-pulse.com\/wp-json\/wp\/v2\/tags?post=5033"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}A look back at the sale of Claro Jamaica to Digicel<\/h3>\n
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Has the horse truly left the stable? What has Jamaica lost due to the sale?<\/h3>\n
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