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Telenor Orion Towers : CCP completes formalities of PTCL acquisition

The review process was initiated in 2019 and has been ongoing for nearly three years. The CCP has been scrutinizing the acquisition to ensure that it complies with the Competition Act, 2010.

Understanding the Review Process

The CCP’s review process involves several key steps, which are outlined below:

  • The CCP conducts a preliminary review to assess the acquisition’s compliance with the Competition Act.

    Commission Approves Acquisition with Conditions to Protect Competition and Consumer Interests.

    The CCP’s investigation was thorough, and the Commission’s decision reflects the careful consideration of the evidence presented.

    The Commission’s Decision

    The Commission has made a decision regarding the proposed acquisition, and it is a significant one. The Commission has approved the acquisition, but with certain conditions. These conditions aim to address the concerns raised by the CCP and ensure that the acquisition does not harm competition or consumer interests.

    Conditions for Approval

    The Commission has imposed several conditions on the acquisition, including:

  • The divestiture of certain assets: The acquirer must divest certain assets to address concerns about market dominance.

    During the series of open hearings, conducted by CCP, it was learnt that the merger would significantly reshape market shares across several telecom sectors. Notably, PTCL that holds 50.5 percent of the retail LDI, fixed-line market, will control 61 percent of LDI market after said accusation. In the mobile telecommunications sector, PTCL’s Ufone share of 12.4 percent will merge with Telenor’s 24 percent share, creating a new entity holding 37 percent of the market. Additionally, PTCL will dominate wholesale IP bandwidth and domestic leased lines, controlling 68 percent and 42.7 percent, respectively, following the transaction. During the hearings, CCP Chairman Dr Sidhu emphasized that the Commission’s main focus is to prevent any anti-competitive outcomes that could negatively impact consumers. The Commission has been evaluating the merger from both legal and economic perspectives. It is considering the overall market health, consumer outcomes, and the long-term effects on competition in Pakistan’s telecom sector.

    The Merger: A Complex Issue

    The proposed merger between PTCL and Wateen Telecom has sparked intense debate in the Pakistani telecommunications industry. The merger, which has been under consideration for several years, has garnered significant attention due to its potential impact on the industry’s structure and competitiveness.

    Key Concerns and Benefits

  • PTCL has emphasized the benefits of the merger, including:
      • Increased investment in infrastructure, leading to improved network coverage and capacity
      • Enhanced service quality, resulting in better customer experience
      • Greater competition, driving innovation and lower prices
  • Wateen Telecom, on the other hand, has raised concerns about the merger’s potential to:
      • Stifle competition in critical infrastructure-related markets
      • Reduce the number of players in the market, leading to decreased competition and higher prices
      • Industry Experts Weigh In

        Industry experts have shared their opinions on the proposed merger, with some expressing concerns about its potential impact on the industry’s competitiveness and customer experience. “The merger would lead to a significant reduction in competition, resulting in higher prices and decreased innovation,” said one industry expert. “The investment in infrastructure would be a positive step, but it’s essential to ensure that the merger does not stifle competition in critical infrastructure-related markets,” added another expert.*

        Regulatory Bodies Weigh In

        Regulatory bodies, such as the Pakistan Telecommunication Authority (PTA), have also weighed in on the proposed merger.

        Spectrum Concentration Sparks Concerns Over Competition and Innovation.

        Spectrum Concentration: A Growing Concern

        The increasing trend of spectrum concentration has sparked concerns among industry experts and regulators. CM Pak (Zong) is not alone in its worries, as other major players in the retail mobile market are also facing similar challenges.

        The Impact on Competition

      • Spectrum concentration can lead to reduced competition in the market, resulting in higher prices and lower quality services. With a smaller number of players controlling a larger share of the spectrum, the market becomes less dynamic and innovative. This can ultimately lead to a decrease in consumer choice and satisfaction. ## The Role of Regulators*
      • The Role of Regulators

        Regulators play a crucial role in addressing the issue of spectrum concentration. They must balance the need to promote competition with the need to ensure that spectrum is allocated fairly and efficiently.

        Key Challenges for Regulators

      • Spectrum allocation: Regulators must allocate spectrum in a way that promotes competition and innovation, while also ensuring that it is used efficiently. Monitoring and enforcement: Regulators must monitor the market and enforce regulations to prevent spectrum concentration and promote competition. Balancing competing interests: Regulators must balance the interests of different stakeholders, including consumers, operators, and investors. ## The Need for Reform*
      • The Need for Reform

        The current regulatory framework may not be sufficient to address the issue of spectrum concentration. Reform is needed to ensure that the market is competitive and innovative.

        Potential Solutions

      • Spectrum auction: A spectrum auction could be used to allocate spectrum in a way that promotes competition and innovation.

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