MTN Ghana goes to Supreme Court for a review of SMP declaration

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Selorm Adadevoh--CEO MTN Ghana

MTN Ghana has appealed a judgement by the High Court declaring the telecom company as a Significant  Market Power (SMP)

A statement issued by the company said it filed the appeal at the Supreme Court on Friday 4th August 2020.

MTN explained that the step was taken after a careful review of the Court’s judgment.
The judgement gives the regulator, the National Communications Authority, the power to regulate the activities of the market leader, MTN, to ensure fairness.

“MTN Ghana respects the decision of the Court, however in our opinion the judgement did not address our concerns that the NCA’s decision did not meet the requirements of procedural fairness”. The statement said.

Below is the full statement

MEDIA RELEASE
MTN GHANA APPLIES TO SUPREME COURT FOR RESOLUTION OF SMP DECLARATION
Accra 5th September 2020. Scancom Plc.

(MTN Ghana) would like to inform its customers, shareholders and other stakeholders that it filed papers on Friday 4th September 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). 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.

MTN Ghana respects the decision of the Court, however in our opinion the judgement did not address our concerns that the NCA’s decision did not meet the requirements of procedural fairness.

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. 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 further assures 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 realise its belief that every Ghanaian deserves the benefits of a modern connected life.

MTN Ghana will refrain from further statements or comments on this matter until it becomes necessary to update all stakeholders of future material developments.

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