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MTN applies for resolution of SMP declaration at Supreme Court

Telecom leader, MTN Ghana on Friday, September 4, 2020, filed papers at the Supreme Court, seeking to review the High Court’s recent decision regarding the declaration of MTN Ghana as a Significant Market Power (SMP).

MTN

This step was taken after a careful review of the Court’s judgment.

On September 1, 2020 the High Court of Justice (Commercial Division) dismissed the company’s application for a judicial review of the declaration by the National Communications Authority (NCA) of MTN Ghana as an SMP.

Although the judgement did not address their concerns that the NCA’s decision did not meet the requirements of procedural fairness, they still respect the decision of the Court, a statement signed by Corporate Services Executive, Sam Koranteng noted.

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MTN Ghana acknowledges the duties and powers of the NCA to promote fair competition amongst licensed operators. We also support the legitimate exercise of the NCA’s regulatory powers, but as a good corporate citizen and considering the international investment community we believe that a decision by the highest court of the land would provide certainty and a veritable precedence on the procedural fairness in this, and future regulatory decisions of the Authority.”

He added that: “This will no doubt safeguard the interest of customers, shareholders, investors and the wider industry. We believe Friday’s step still provides an opportunity for further engagements with the regulatory authorities. Indeed, MTN Ghana continues to reach out to the regulator and key stakeholders to have the concerns of both sides addressed in a collaborative and amicable manner.”

MTN Ghana meanwhile assured its cherished customers, shareholders and other stakeholders of its unflinching commitment to its regulatory obligations and support for the Ghanaian government’s efforts to enhance growth and competition in all segments of the telecommunications market.

“The company will continue to invest and innovate to realize its belief that every Ghanaian deserves the benefits of a modern connected life.”

Mr. Koranteng further posited that the network will hold on to any future comments on the matter until it “becomes necessary to update all stakeholders of future material developments.”

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MTN dragged the NCA to court challenging the processes that led to it being classified by the NCA as a significant market player (SMP) in the telecommunication industry.

MTN went to the court with a judicial review application urging the court to quash the NCA’s decision with an argument that the regulator failed to give it a hearing before classifying it as an SMP.

The NCA, however, insisted in its affidavit in opposition to the application that at all material times, MTN was aware and participated in the process that led to it being classified as an SMP.

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