The Accra High Court has dismissed the lawsuit by MTN, in which it was urging the court to quash the decision by the National Communications Authority (NCA) to classify it as a significant market power (SMP) in the telecommunications industry in Ghana.
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, according to the ruling.
The decision means that the NCA can now take remedial measures against MTN in order to promote competition and protect other mobile network operators and consumers.
The legal action by MTN, which challenged the processes that led to it being classified by the NCA as a Significant Market Power (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.