The Competition Commission of Pakistan (CCP) has concluded
the first phase review of the pre-merger application. The transaction entails Pakistan
Telecommunication Company Limited (PTCL) acquiring 100% shareholding of Telenor
Pakistan (Private) Limited (TP) and Orion Towers Private Limited (OT) from Telenor
Pakistan BV (TPBV). CCP’s Phase-I review shows that the proposed transaction meets the presumption of
dominance as defined in the Competition Act, 2010. Consequently, a Phase II review has
been initiated to thoroughly analyze the effect on competition in the telecom sector as
well as telecom services to consumers in Pakistan. CCP has identified the relevant product markets as Retail LDI Fixed-line Telecommunication
Market, Retail Mobile Telecommunication Market, Wholesale Domestic Leased Lines,
Wholesale IP Bandwidth and Individual Mobile/Fixed Interconnect within the geographic
market of Pakistan. The Phase II review is a rare yet necessary move by the CCP. It is pertinent to mention that
CCP took a similar stance of comprehensive competition analysis in the Mobilink and Warid
merger application. The Mobilink and Warid merger also highlighted competition concerns
in areas of spectrum concentration, infrastructure sharing, non-compete obligations, and
joint control. CCP imposed certain conditions as to how the merged entities would conduct
their business post transaction. It was successfully approved with some conditions to
ensure consumer protection.
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