MTN Ghana Heads to Supreme Court Over Rule on Market Share

MTN Ghana has applied to the Supreme Court to seek a review of an Accra High Court’s recent decision to dismiss its challenge against the National Communications Authority over a Significant Market Power (SMP) declaration.

In a statement signed by Mr Samuel Koranteng, Corporate Services Executive of MTN Ghana, and copied to the Ghana News Agency in Accra on Saturday, MTN said the steps to the Apex Court of the land was taken after a careful review of the High Court’s judgment.

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

“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 among licensed operators, the company said.

The statement said MTN Ghana supports the legitimate exercise of the NCA’s regulatory powers but, “MTN Ghana believes that a decision by the highest court of the land would provide certainty and 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 noted that there was still an opportunity for further engagements with the regulatory authorities, saying, MTN Ghana would continue to reach out to the regulator and key stakeholders to have the concerns of both sides addressed collaboratively and amicably.

The statement assured customers, shareholders and other stakeholders of MTN’s 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 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,” it said.



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