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 which is available to Graphic Online.
The decision, Graphic Online understands means that the NCA can now take remedial measures against MTN in order to promote competition, protect other mobile network operators and consumers.
As earlier exclusively reported by Graphic Online’s court reporter, Emmanuel Ebo Hawkson, 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.
Source: Graphic Online