The Central Administrative Court has thrown out a petition seeking an injunction on the planned merger of True Corporation and Total Access Communication (Dtac).
On Oct 20, the National Broadcasting and Telecommunications Commission's (NBTC) board voted 3-2 to take the position that it has no authority over the deal, which gave a green light to the merger to go ahead.
The board later issued remedy measures after acknowledging the proposed merger, but despite having these powers has long maintained it does not have final say over the deal itself.
The Thailand Consumers Council (TCC) filed a petition with the court on Nov 10, asking it to revoke the NBTC's resolution and issue an injunction pending its ruling.
The TCC claimed the regulator neglected its duty to protect consumer interests by acknowledging the proposed merger without using its power to approve or reject it.
It is a deal the group claims will lead to market dominance and a lack of competition.
The consumer advocacy group also claimed that the NBTC's decision and voting process were illegitimate and should be revoked.
According to the petition, the NBTC chairman misused his power by casting the deciding vote in the 3-2 decision supporting the stance that the NBTC had no power to approve or reject the merger.
Casting the second vote to break the tie was against the NBTC's regulations.
After reviewing the TCC's petition on Friday, the court said it found no grounds to assume the NBTC's decision was illegitimate.
According to the court, the regulator also prescribed remedies meant to regulate the merger, so there is no reason to issue the injunction as requested.
On the TCC's request to prohibit activities related to the merger until the court issues its ruling, the court said this lawsuit deals only with the NBTC's resolution on the planned merger.
Because other agencies such as the Securities and Exchange Commission (SEC) are not the parties involved and have no authority under the frequency allocation law, the court cannot accept the request for consideration.
The court's decision is widely seen as clearing the way for the merger, which is expected to be completed in January 2023 as scheduled.
