Concerns Raised as Hearing on PTCL-Telenor Merger Continues

The Competition Commission of Pakistan (CCP) is actively progressing with the Phase II Merger Review of PTCL’s proposed acquisition of 100 percent shareholding in Telenor Pakistan (Private) Limited (TP) and Orion Towers Private Limited (OT).   The hearing was conducted by CCP Chairman, Dr Kabir Ahmed Sidhu, with the presence of members Salman Amin and Abdul Rashid Sheikh, CCP said in a press release. Jazz Telecom’s counsel Khalid Ibrahim argued that PTCL’s acquisition of Telenor could give it a dominant position in the market. Therefore, the Commission should impose both pre-merger and post-merger conditions. These conditions could include requiring the merged entities to allow other mobile operators to roam on their network under mutually negotiated terms. Additionally, PTCL should be mandated to provide wholesale, non-discriminatory access to other operators, along with fair terms for active infrastructure, fibre, and spectrum sharing and trading. During the proceedings, Mian Sami-ud-Din, counsel for Wateen Telecom Limited, presented his submissions, urging the Commission to assess competition dynamics within the sub-markets (Indefeasible Right of Use (IRU), Tower colocation and fiberization of towers) of the telecom sector. He emphasized the need to consider all aspects of competition that may be affected by the merger.  On the other hand, PTCL’s legal representatives emphasized the merger’s potential to bring efficiency, economies of scale and drive advancements towards a Digital Pakistan by transforming the IT ecosystem. PTCL was represented by Senior Counsel Rahat Kaunain Hassan and Mustafa Munir Ahmed, partner at Legal Oracles.  The bench raised pertinent questions to the representatives of PTCL, Wateen Telecom, and the Pakistan Telecommunication Authority (PTA), seeking further clarity on the potential impact of the merger and to highlight relevant statutory regulations.   The CCP has also requested additional data and information from PTCL and Telenor to assist the bench in its Phase II Merger Review. The hearing will resume for its third day tomorrow (Thursday).