By Ricardo Brito and Alberto Alerigi
SAO PAULO (Reuters) – Copel Telecomunicações has asked for the annulment of the decision by the National Telecommunications Agency (Anatel) that unanimously approved in January the sale of Oi Móvel’s assets to rivals TIM, Claro and Vivo, in a document seen by Reuters.
The company claimed to Anatel that the board member Emmanoel Campelo could not have presided over the two meetings at which the transaction was approved on an interim basis. According to her, the measure “irremediably” tainted the deliberation of the collegiate with illegality.
Copel highlighted that this position was expressed by the legal department of the body, after being consulted.
The understanding of Anatel’s attorney is that as of January 24, former board member Raphael Garcia de Souza should leave office, which happened, Copel said. Thus, the superintendent with the longest time in office should have assumed the position of president of Anatel, “which did not happen, although on January 28, 2022, the Replacement List in force was published in the DOU”, said the Copel.
O Globo newspaper said earlier on Monday, citing sources, that Anatel will review the approval given at the end of January for the sale of Oi Móvel’s assets to rivals.
Later, the agency stated in a note on its website that it “has always been guided by the legality and transparency of its acts”, that annulment requests follow a standard rite, and that until there is a final decision on the case, “all acts performed by Anatel are presumed legal and remain valid”.
The news made companies’ shares increase losses on B3, after having already spent most of the day down in the wake of the Federal Public Ministry’s opposition to the deal, which also depends on the approval of the Administrative Council for Economic Defense (Cade).
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