High Court dismisses MTN’s appeal against SMP designation

3 Sep 2020

The Commercial High Court in Accra has dismissed MTN Ghana’s case challenging the decision announced by the National Communications Authority (NCA) in June to declare the mobile network operator (MNO) as having significant market power (SMP). According to the NCA, MTN had argued the declaration was in breach of its right to be heard and a violation of procedural fairness. In response the NCA provided documentary evidence that it had held consultations since 2015, which culminated in research conducted by Analysys Mason in 2016 that found MTN to have market share of around 46%. The NCA further argued that MTN has since increased its market share to approximately 58% of the voice market and 68% of the data market.

While dismissing the suit, the court held that there was sufficient evidence of consultation for the NCA to act as it did, and that the opportunity offered to MTN to make inputs by way of data fulfilled the requirement of due process and procedural fairness. The court, however, added that MTN is still permitted by law to engage the NCA on implementation.