MTN drags NCA to court seeking judicial review of SMP declaration

MTN Ghana has announced it is seeking redress in the law courts following the National Communications Authority's decision to impose restrictions on its business.

The telecoms giant in a statement issued on Friday, June 26, 2020, stated that the restrictions that have been imposed by the regulator have the potential to inhibit the company’s growth and innovativeness.

The NCA on June 8, 2020, declared MTN Ghana as a Significant Market Power (SMP), a status that has come with the imposition of special regulatory restrictions on the company.

According to MTN, “the manner of the recent declaration of MTN as a Dominant/SMP raises concerns about clear procedural breaches and substantive issues”.

MTN Ghana said it is not opposed to steps by the regulator to enhance further the highly competitive telecoms industry and is prepared to support the regulator to that end.

However, it wants the NCA to “follow the applicable legislations and global industry best practices”.

The telecoms giant said, “as a responsible and ethical leader, MTN is neither aware of any industry economics/market study to establish market failure nor has MTN taken any steps or engaged in anti-competitive behaviour”.

MTN Ghana is confident that a judicial review will ensure procedural fairness in the restrictions imposed on the firm.

Read MTN's full statement below.