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MTN heads to Supreme Court for resolution of SMP declaration

BY: Kweku Zurek
MTN heads to Supreme Court for resolution of SMP declaration
MTN heads to Supreme Court for resolution of SMP declaration

Telecommunications giant MTN Ghana is at the Supreme Court seeking a review of the High Court's ruling that quashed its suit against the National Communication Authority’s (NCA) declaration of the network as a Significant Market Power (SMP).

In a statement issued on September 5, MTN said it filed papers on Friday, September 4 at the Supreme Court 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 NCA of MTN Ghana as an SMP.

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MTN said although it respects the decision, the judgement did not address its 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," the statement said.

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

Read the entire statement below;

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.

End.