Indicate by check mark
whether the registrant by furnishing the
information contained in this Form is
also thereby furnishing the
information to the Commission pursuant to Rule
12g3-2(b) under
the Securities Exchange Act of 1934.
Yes ______ No ___X___
Investor Relations |
(55 61) 3415-1140 |
ri@brasiltelecom.com.br |
www.brasiltelecom.com.br/ir/ |
Media Relations |
(1 646) 284-9400 |
ialmeida@hfgcg.com |
Free Translation
BRASIL TELECOM S.A.
Corporate Taxpayers Registry 76.535.764/0001 -43
Board of Trade 53 3 0000622 - 9
Publicly Held Company
MATERIAL FACT
BRASIL TELECOM S.A. (Brasil Telecom or Company), in compliance with art. 157 of Law 6,404/76 and CVM Instruction 358/02, hereby informs to its Shareholders and to the market in general the following:
On April 28, 2005, still under the management appointed by the Opportunity Group, Brasil Telecom and its subsidiary, 14 Brasil Telecom Celular S.A. (BTC) celebrated with TIM International N.V. (TIMI) and TIM Brasil Serviços e Participações S.A. (TIMB) several agreements, including a contract entitled Merger Agreement (Acordo de Incorporação) and a Protocol associated to it.
According to material facts disclosed by the Company, the merger was forbidden by injunctions rendered by the Brazilian and American Courts of Law, in lawsuits filed by its controlling shareholders.
Brasil Telecoms understanding is that the Merger Agreement and its respective Protocol were celebrated, among other grounds, in conflict of interest, violation of the law and the Companys By-Laws and, still, in breach of shareholders agreements and lacking the necessary corporate approvals. Furthermore, the current management considers that such agreements are contrary to the Companys best interests, specifically regarding its mobile telephony business.
Thus, based on the Merger Agreement itself, Brasil Telecom and BTC began an arbitration process on March 15, 2006 against TIMI and TIMB to declare the nullity or to obtain the annulment of the referred agreement. Such arbitration shall be governed by the rules of the International Chamber of Commerce (Câmara de Comércio Internacional).
Brasília/DF, March 16, 2006
Charles Laganá Putz
Investor Relations Officer
Brasil Telecom S.A.
BRASIL TELECOM S.A. |
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By: |
/S/ Charles Laganá Putz
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Name: Charles Laganá Putz
Title: Chief Financial Officer |