Moscow. December 14. The Moscow arbitration court on Monday rejected the claims of PJSC “Mobile TeleSystems” (MTS) and JSC “Russian telephone company” (RTK, operates retail network of MTS) to the Federal Antimonopoly service (FAS) with the requirement to nullify the petitions approval North Financial Overseas Corp. (NFOC) Oleg Malis on the acquisition of control of the Cypriot Trellas Enterprises Ltd. (the parent structure of the group “the Messenger”).
This was reported by two sources familiar with the process. The representative of MTS has not commented on the outcome of the meeting.
MTS and RTC in June has filed two lawsuits, which claimed that a positive decision FAS on the petition NFOC restrict competition in markets, sales contracts and sales of telephones and equipment. In July, the court combined the suits into a single case.
During the proceedings, the court brought to the case of GC “Svyaznoy”, “Euroset Insurance”, “Svyaznoy logistics”, “the Messenger download of the” Cypriot Trellas Enterprises Ltd. (the parent GK), and also the band’s founder Maxim Nogotkov.
FAS approved the petition NFOC about the acquisition of a 51% Trellas in February and April of this year. Buy Trellas allowed NFOC to get control over JSC “Svyaznoy logistics”, managing network of salons “the Messenger”.
MTS believes that as a result of approval of the transaction in the market has formed a new group of individuals, uniting the largest ritejlerov – “the Messenger” and “Euroset”.
“We saw a repetition of the situation with the “Euroset”, when after the change of the ownership structure of the retailer MTS was extruded from the network due to the purposeful limitation of sales of contracts”, – said earlier the representative of MTS Dmitry Solodovnikov.
Euroset on a parity basis belongs to the competitors of MTS “the big three” – JSC “MegaFon” and CJSC VimpelCom (MOEX: VIMP). The company is headed by Alexander Malis, the older brother of Feb. Speaking about the new group of individuals, combining cellular retailers, MTS has in mind the relationship of brothers Malisow. Last year the operator has stopped cooperation with “the Euronetwork” from-for falling of sales contracts and quality new connections.
Malis – business partner Alisher Usmanov (main owner of MegaFon) on a number of projects. O. Malis claimed that the acquisition of Svyaznoy – it yourself deal. Patterns Usmanov have nothing to deal with Malis “Connected”, stated the head of USM Advisors (manages assets Usmanov’s USM group and its partners) Ivan Streshinsky.
“In the FAS was given all the information, the FAS checked it from the point of view of market concentration. “Euroset” plus “the Messenger” are not so large as to create an obstacle to competition”, commented earlier statement MTS Malis.
At the end of June, MTS and Svyaznoy announced the termination of cooperation, and the retailer stopped taking payments by subscribers. Sales of MTS contracts ceased in the salons of “Liaison” on August 23. The direct initiator of the break was MTS, which explained his sudden change of policy “Coherent”, which is five times reduced the sales contracts of the operator. Until April 2015, the volume of sales of sim cards MTS in “the Messenger”, according to the retailer, over 7 million (70% of annual sales contracts network).