5. Subsequent facts


Although companies were duly informed of the framework applicable in accordance with the terms set out above, on 2 January 2015, PT Portugal, SGPS, S.A., informed this Authority that, on 29 December 2014, it had registered the merger by acquisition of MEO - Serviços de Comunicações e Multimédia, S. A., into PT Comunicações, S.A. (Legal Person Identification No. 504 615 947), which adopted as from that date the name MEO - Serviços de Comunicações e Multimédia, S.A., as well as new headquarters, located at Av. Fontes Pereira de Melo, No. 40, 1069-300 Lisbon.

This means that MEO failed to await ICP-ANACOM’s opinion to be provided within the legal period available to the Authority to do so.

Later, on 9 January 2015, AdC’s opinion was received, having that Authority concluded that the intended transfer took place in the scope of an internal restructuring procedure within the PT Group, developed on the basis of the merger by acquisition of MEO into PTC, these companies being deemed to be a single company for the purpose of paragraph 2 of article 3 of Law No. 19/2012, of 8 May. AdC thus took the view that the claim of the PT Group is not likely to give rise to distortions of competition, specially as regards the creation of significant barriers to effective competition in the national market or in a substantial part thereof.