Ghana: Commercial High Court dismissed MTN Ghana's case challenging SMP declaration

On 1 September 2020, the Commercial High Court in Accra dismissed a case filed by MTN Ghana against the National Communications Authority (NCA) over its designation as a Significant Market Power (SMP). MTN Ghana had challenged this designation, arguing the decision breached their right to procedural fairness. The NCA justified the designation with evidence from consultations and a 2016 report by Analysys Mason, which highlighted MTN's substantial market share growth up to the first quarter of 2020—approximately 58% in the voice market and 68% in the data market. The Court confirmed that the NCA had indeed fulfilled procedural requirements, allowing MTN Ghana the opportunity to engage in data discussions, thus adhering to due process.