High Court throws out MTN's case challenging NCA's monopoly declaration

The Accra High Court has dismissed the case by MTN, which was contesting the National Communications Authority’s (NCA) move to impose restrictions on the company after declaring it a Significant Market Power (SMP).

The court at its sitting on Tuesday, September 1, 2020 dismissed MTN's case and also awarded cost of GH¢10,000 against the giant mobile network company.

The decision, means that the NCA can now take remedial measures against MTN in order to promote competition, protect other mobile network operators and consumers.

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Per reports,  the legal action by MTN, which challenged the processes that led to it being classified by the NCA as a significant market player (SMP) in the telecommunication industry, commenced at the Commercial Division of the Accra High Court.

MTN went to court with a judicial review application urging the court to quash the NCA’s decision with an argument that the regulator failed to give it a hearing before classifying it as an SMP.

The NCA, however, insisted in its affidavit in opposition to the application that at all material times, MTN was aware and participated in the process that led to it being classified as an SMP.