MTN Seeks Redress After High Court Dismisses SMP Case

MTN Ghana says it is not satisfied with the September 1 High Court ruling on its attempt to prevent the National Communications Authority (NCA) from implementing corrective regulations following the declaration of MTN as a significant market power (SMP).

MTN had gone to court to seek judicial review of what it called “procedural flaw” in declaring SM, but the Commercial Division of the High Court required MTN to prove whether the NCA’s action was in breach of any law, which they could not.

Their case was therefore dismissed, which means NCA now has the legal clearance to implement the regulations to correct the imbalance in the telecom sector.

In a statement, MTN said they had taken note of the ruling and acknowledges the role of the NCA in promoting fair competition but “regretfully our concerns remain unsolved…we will refrain from further comment… while we explore all available options and next steps in this process.”

They then assured the government and their customers of their unwavering commitment to deliver on their bold new digital agenda.

Below is the full statement from MTN Ghana.

JUDGMENT OF THE HIGH COURT ON DECLARATION OF MTN GHANA AS SMP

Scancom Plc. (MTN Ghana) would like to inform its customers, shareholders, and other stakeholders that it has taken note of the September 1, 2020 judgment of the High Court of Justice (Commercial Division) which dismissed the company’s application for a judicial review of the declaration of MTN Ghana as a Significant Market Power (SMP).

MTN Ghana acknowledges the duty and powers of the National Communications Authority (NCA) to promote fair competition amongst licensed operators in Ghana’s telecommunications sector within the relevant laws of Ghana and acceptable global industry best practices.

MTN Ghana had challenged on procedural grounds the declaration by the NCA of MTN Ghana as an SMP, arguing that the NCA’s decision did not meet the requirements of procedural fairness.

MTN Ghana respects the decision of the High Court and has full confidence in the Ghanaian judiciary. However, regretfully our concerns remain unresolved. Having had our day in court we will refrain from making further statements or comments on this matter at this time while we explore all available options and next steps in this process.

MTN Ghana would like to reassure the Ghanaian Government, cherished shareholders, and customers of its unwavering commitment to the delivery of a bold new digital world in Ghana. The company remains focused on providing the enabling technology to support Ghana’s digital economy, particularly during the Covid-19 pandemic.

We will keep customers, shareholders, and stakeholders abreast of any material development in this matter. End. Media Contact: Samuel Koranteng Corporate Services Executive