SMP declaration: MTN heads to Supreme Court

Scancom Plc. (MTN Ghana) has 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).

According to 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. 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,” the release stated.

MTN believes 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 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 said it will continue to invest and innovate to realise its belief that every Ghanaian deserves the benefits of a modern connected life.

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