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Hutchison Takes On KPN In 3G Funding Row

June 12, 2003 - source: BWCS

The spat between KPN and Hutchison Whampoa is hotting up. The Hong Kong conglomerate announced today that it had no intention of purchasing the Dutch operator’s stake in 3, the Hutchison backed UK 3G operator. The statement came one day after Hutchison Whampoa reported that it had filed a lawsuit against KPN for not participating in the latest round of shareholder funding for the Greenfield operator.

For their part, officials at the Dutch company allege that Hutchison has breached the terms their agreement by trying to force shareholders to provide more funding to 3. KPN says it contacted Hutchison on 27 May demanding that the Hong Kong company bought its 15% stake in Hutchison 3G UK for a 40% premium. The debt-laden Dutch company argued that this was in accordance with the shareholders’ agreement it had signed with Hutchison Whampoa.

Today’s rebuttal by Hutchison will have the lawyers reaching for their calculators. The company statement did not mince any words: “Hutchison does not consider KPN’s notice to have any merit or substance”. Hutchison’s lawsuit against KPN claims that the March 11th call for funding was valid under the terms of the shareholder agreement. Hutchison, which owns 65% of Hutchison 3G UK and Japanese operator DoCoMo, which owns 20%, both agreed to contribute their share. Following KPN’s refusal to contribute Hutchison had to stump up a further £150 million in addition to the £650 million it had already agreed to pay.

Update

And on Thursday, Standard & Poor's downgraded ratings of Hutchison Whampoa to 'A-' because of uncertainty in the unproven 3G mobile phone services.

 


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