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MTN Ghana seeks judicial review on Significant Market Player

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Scancom Plc. (MTN Ghana) says it will seek judicial review of MTN as a Dominant/ Significant Market Power (SMP) declared by the National Communication Authority (NCA).

This essentially means that special regulatory restrictions would be enforced to potentially limit the company’s growth, performance, innovativeness, and its competitiveness in the telecoms market.

A statement issued in Accra by Mr Samuel Koranteng, Corporate Services Executive, MTN said the company acknowledged the NCA’s duty and powers to promote fair competition amongst licensed operators in Ghana’s telecommunications sector within the relevant laws of Ghana and acceptable global industry best practices.

It said as such, MTN Ghana has after much consultation, and as a last resort, made the difficult decision to resort to the Law Courts for redress in the form of a judicial review of NCA’s decision, to ensure the observance of the requirements of procedural fairness.

It said regretfully, the manner of the recent declaration of MTN as a Dominant/SMP raises concerns about clear procedural breaches and substantive issues.

It said following the NCA’s declaration, MTN Ghana refrained from publicly commenting on the matter and engaged in dialogue with the regulatory authority and other stakeholders to share our views on the matter.

“While these engagements have been largely encouraging, the NCA continues with the implementation of the specified interventions,” it said.

The statement said MTN has over the years shown confidence in the Ghana telecommunications sector, by the continued investment in hitherto undervalued ventures (e.g., rural telephony, broadband services, 4G technology, innovations, mobile money, etc.) to support the development of the industry and to deliver on our belief that everyone deserves the benefits of a modern connected life.

It said they have indeed collaborated with the Government over the period to invest in priority projects that have all contributed to its current position in the market.

It said MTN Ghana would like to reiterate that it was not opposed to steps by the Regulator to enhance further the highly competitive Ghana telecoms industry and was indeed prepared to support the Regulator to that end.

However, “we believe that the regulatory authority must follow the applicable legislations and global industry best practices. As a responsible and ethical leader, MTN is neither aware of any industry economics/market study to establish market failure nor has MTN taken any steps or engaged in anti-competitive behavior.”

It said they remained open to dialogue to achieve an amicable resolution to this matter.

MTN Ghana reassured Government, shareholders and customers of its commitment to the delivery of a bold new digital world in Ghana continues to be paramount and that the company remains focused on providing the enabling technology to support Ghana’s digital economy particularly during the COVID-19 pandemic and beyond.

Source: GNA

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