Issue #41: Defeat
Welcome to the 41st edition of OIA!
Here are the latest 🌶 headlines in APAC:
China: China scrutinises PwC's role in USD 78 billion Evergrande fraud case
South Korea: SK Ecoplant seeks compensation in SIAC arbitration over collapse of Laos dam
South Korea: LG Energy initiates arbitration against Sigma Lithium over alleged contractual breach
Ling Yah
P/S: Know of any interesting seminars happening? Drop us a note at editor@overheard.asia!
Thailand’s Sinking Telco Merger?
When is a merger ever monopolistic?
🍿 What Happened?
Back in 2023, two former telco rivals - Total Access Communication (DTAC) and True Corporation - merged to form the largest telco merger in Southeast Asia by combined enterprise value with a combined subscriber base of around 51 million customers (“Merger”).
This surpasses Thailand’s current largest telco AIS, which has 43.7 million subscribers!
In March 2023, the Foundation for Consumers sued the National Broadcasting and Telecommunications Commission (NBTC) as the regulator had issued a resolution approving said Merger (“Resolution”).
The Foundation stated that NBTC had no authority to approve or disapprove the Merger, and also sought to scrap the Resolution (“Complaint”).
The Central Administrative Court (CAC) rejected the Complaint, stating that the Complaint had been filed after the statutory deadline.
👀 What Now?
The Supreme Administrative Court has now ruled that:
The Foundation had good legal standing as it represented the rights of consumers directly impacted by the merger;
The CAC could hear the case despite the deadline expiry as telecoms is a basic necessity and the merger could have wide impact on consumers.
That said, DTAC seems unconcerned and released a statement stating that the Court’s decision won’t impact its post-merger operations.
So maybe this isn't such a big deal after all?
ASUS's USD 18 million defeat
ASUS, a leading Taiwanese technology firm recognised as the fifth-largest computer vendor globally by unit sales, isn’t doing too well.
🍿 What Happened?
ASUS has been embroiled in a number of legal battles, most recently with Lenovo over allegations of patent infringement relating to Lenovo’s wireless communications and touchpad technology.
Similarly, U.S. tech company ACQIS had claimed that ASUS had infringed its data security technology patents, and continued to do so by selling products containing ACQIS technology in the U.S.
ACQIS initiated a lawsuit against ASUS back in October 2020.
👀 What Now?
In a significant development on 22 March, the U.S. District Court of the Western District of Texas held that ASUS had infringed two of ACQIS’ patents.
ASUS must now pay USD 18 million (NTD 577 million) to ACQIS.
McDonald's is GONE?!
McDonald’s has just closed its doors in Sri Lanka.
Back in 1998, McDonald’s entered the Sri Lanka market via its local franchisee, Abans, which has since grown to 12 outlets.
Then allegations of subpar hygiene standards surfaced, prompting the parent company to terminate its agreement with Abans.
This has led to an intervention by the Commercial High Court of Colombo, which has mandated the closures until 4th April pending further investigation into the matter.
The hearing is set to recommence in early April.
Will those chicken nuggets ever make its way back into Sri Lanka? 👀
Spotlight: Wen Juin Lim
What is your current role?
I am an independent disputes lawyer practising as counsel in Rachel Low LLC together with my wife (no prizes for guessing her name). She started her independent practice a few years ago and her positive experience played a very significant role in my decision last year to leave the judiciary, where I spent 8 of my 10 years of working life so far.
I am currently assisting tribunals in a few arbitrations as tribunal secretary in addition to working on matters which include investor-State and commercial arbitrations.
What is your proudest achievement?
I don’t have a specific case or matter in mind, but when I was a judicial officer in the State Courts I would most feel a sense of accomplishment when I heard (generally second-hand) of lawyers saying that it was a pleasant experience appearing before me.
If you had 25 hours in a day, what would you do with the extra hour?
Planning our next trip overseas to hike, swim, dive or watch wildlife; catching up on the perpetual backlog of my daily journal; and cuddling with our cat.
If you weren't a lawyer, what would you be?
I would probably be a journalist while attempting (likely unsuccessfully) to publish a book.
Your favourite food haunt is...?
Ah Hua Teochew Fishball Noodle at Pandan Gardens for mee tai mak and Ru Ji Kitchen at Holland Drive for fishball noodles.
Food Feature
If you're ever in Bangkok, try the world-famous crab omelette at Raan Jay Fai! It's run by a Michelin-starred chef who cooks over charcoal fires, giving the dishes a unique smoky flavor.
The crab omelette is a standout dish, made with generous portions of fresh crab meat and fluffy eggs. The dish is served with a sweet chili sauce that perfectly complements the richness of the omelette.
Another must-try dish at Raan Jay Fai is the drunken noodles. This spicy noodle dish is made with rice noodles, mushrooms, vegetables, and your choice of meat. The noodles are stir-fried over high heat, giving them a slightly charred flavor. The dish is then finished with a generous sprinkle of Thai holy basil, adding a fragrant and slightly sweet note to the dish.
The prices may be higher than other street food stalls, but the quality and flavors of the dishes are worth every penny.
Details: Google Maps Facebook
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