FACTBOX-Telenor's legal battles in Russia and Ukraine
May 19 (Reuters) - Norway's Prime Minister Jens Stoltenberg
is expected to discuss telecom Telenor's (TEL.OL) troubled
Russian venture with Prime Minister Vladimir Putin and President
Dmitry Medvedev when he visits Moscow on Tuesday.
The Norwegian firm's operations in Russia and Ukraine are
mired in lawsuits, putting its investment in Russia's No. 2
mobile operator Vimpelcom (VIP.N) at risk and preventing it from
consolidating its majority-owned Ukrainian mobile venture
Kyivstar. [ID:nLI321564]
Below are details of Telenor's legal battles:
VIMPELCOM CASE
Vimpelcom's ownership structure: Telenor (29.9 percent voting stock/33.6 percent common); Alfa Group (44.0/37.0); Farimex (0.002 percent, when it filed a suit against Telenor)
* British Virgin Islands-registered Farimex sued Telenor in a Siberian court, claiming the Norwegian company's opposition to Vimpelcom's purchase of Ukrainian mobile operator Ukrainian Radio Systems (URS) delayed the deal at a loss to Vimpelcom.
* Telenor says it opposed the 2005 purchase because URS was overvalued, lacked prospects and the deal was not transparent.
* Vimpelcom's entry into Ukraine put it in direct competition with Kyivstar, majority-owned by Telenor.
* A court in Khanty-Mansiysk, Siberia held Telenor liable for $2.8 billion in August 2008, but an appeals court overturned that decision. After a retrial in February, a court in Omsk, Siberia, ruled in Farimex's favour and ordered Telenor to pay Vimpelcom $1.7 billion.
* Telenor refused and the court seized its Vimpelcom shares. Telenor fears the court will auction off the stake before its appeal is heard on May 26.
* Telenor disputes Farimex's ability to claim the damages given its small shareholding in Vimpelcom and believes Farimex is linked to Vimpelcom co-owner Alfa Group, with which Telenor has had a long history of litigation. Alfa denies it is linked to Farimex.
* Vimpelcom has not expressed any interest in claiming the fine but Telenor fears the court could force through the claim.
* Telenor has filed an injunction with a Moscow court to prevent the sale of the stake while it appeals the fine, and the hearing on that is due on June 3.
KYIVSTAR CASE
Kyivstar is Ukraine's largest mobile operator. Its shareholders are: Telenor (56.52 percent); Alfa's subsidiary Storm (43.48 percent)
* Telenor was forced to deconsolidate Kyivstar in 2007 due to having "insufficient control" over the company. Storm has not shown up to shareholder meetings for most of the past four years.
* Storm boycotted the Kyivstar meetings because of a Ukrainian court injunction against attending, which was triggered by a case brought by EC Venture, a Swiss company that sold its interest in Storm in 2004 and later sued Storm.
* Another Alfa Group company, telecoms arm Altimo, accused Telenor of trying to gain control of Altimo's foreign assets.
* In March 2009, the U.S. Federal Court for the Southern District of New York granted a Telenor motion for four Alfa Group companies be held in contempt of court for failing to obey U.S. arbitration court orders.
* The U.S. court concluded the EC Venture-Storm case was friendly collusive litigation, a claim rejected by Alfa Group, which maintains it has no control over EC Venture.
* The court ordered Alfa to pay fines, secure the dismissal
of EC Venture's litigation in Ukraine and reduce to a maximum of
5 percent its holdings in Kyivstar and in Kyivstar competitors
such as Turkcell (TCELL.IS) and Ukrainian High Technologies.
* Late last month, the U.S. court lifted the fines, saying Altimo had complied with its ruling.
* On Monday, Telenor said it and Kyivstar were subject to anti-monopoly investigation in Ukraine triggered by a complaint from Farimex.
(Compiled by Wojciech Moskwa and John Acher in Oslo and Maria Kiselyova in Moscow; editing by John Stonestreet)
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