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MTN runs to Supreme Court over ‘unfair’ High Court ruling on SMP declaration by NCA

5 years ago
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MTN Ghana, has filed an application at the Supreme Court seeking a review of the High Court ruling that quashed its suit against the National Communication Authority’s declaration of the network as a Significant Market Power (SMP).

The High Court of Justice (Commercial Division) on September, 2020 dismissed MTN’s application for a judicial review of the declaration by the National Communications Authority (NCA) of MTN Ghana as a Significant Marķet Power, SMP.

The telecommunications giant had stated earlier that although it respects the High Court’s judgement, it was not satisfied with the ruling.

In a statement issued by the company on Saturday, it said concerns regarding the NCA’s declaration of the telecoms giant as a SMP remains unresolved,  hence their decision to go to the Supreme Court.

“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,” it said.

MTN Ghana however said,” we acknowledge 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.”

MTN Ghana further assured its cherished customers 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.

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