| Case ID |
1023ea00-3145-489b-88bd-29769bee3c56 |
| Body |
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| Case Number |
D-2741 of 2016 |
| Decision Date |
Jan 22, 2016 |
| Hearing Date |
Dec 31, 2015 |
| Decision |
The Competition Commission of Pakistan authorized the merger between Mobilink and Warid Telecom under the conditions set forth in the Competition Act, 2010. The Commission determined that the merger would not substantially lessen competition, provided that the merging parties adhere to obligations related to spectrum concentration, access for Mobile Virtual Network Operators (MVNOs), interconnection, and infrastructure sharing. The decision was based on a thorough analysis of market dynamics, competition risks, and the potential impact on consumers in the mobile telecommunications sector. The Commission emphasized the importance of maintaining competitive pressures and ensuring that the merger does not lead to dominance that could harm consumer interests. |
| Summary |
The case revolves around the proposed merger of Mobilink and Warid Telecom, two major players in Pakistan's mobile telecommunications market. The Competition Commission of Pakistan evaluated the merger under the Competition Act, assessing its implications on market competition and consumer welfare. The Commission's analysis focused on the potential for increased market concentration, the dynamics of retail mobile telecommunication services, and the regulatory framework governing mergers in the telecommunications sector. The decision highlighted the need for maintaining a competitive environment, ensuring that the merger does not lead to significant impediments in effective competition. It also addressed concerns regarding spectrum allocation and the regulatory responsibilities of the Pakistan Telecommunication Authority (PTA) in facilitating market entry for new operators. The Commission's ruling authorized the merger, subject to specific conditions aimed at preserving competition in the market. |
| Court |
Competition Commission of Pakistan
|
| Entities Involved |
Warid Telecom (Private) Limited,
Pakistan Mobile Communication Limited,
Mobilink,
Telenor Pakistan
|
| Judges |
Ms. Vadiyya Khalil,
Shahzad Ansar,
Ikram Ul Haque Qureshi
|
| Lawyers |
Ali Sibtain Fazli,
Hussain Tahir Zaidi,
Rizwan Ahmed,
Munir Farooqi,
Ms. Rahat Kaunain Hassan,
Adeel Bajwa,
Muhammad Irshad,
Khalid Ibrahim,
Jeffery Hedberg,
Aamir Ibrahim,
A. Hussain Suliman,
Atif Raza,
Niaz Brohi,
Aslam Hayat,
Yusuf Zaman,
Abdul Mobeen,
Hugo Lindsay,
Ms. Sheryl Yuan,
David Dobbie,
Sam Szlezinger,
Dr. Muhammad Saleem,
Khurram Siddiqui,
Amjad Mustafa Malik,
Dr. Shahbaz Nasir
|
| Petitioners |
Warid Telecom (Private) Limited,
Pakistan Mobile Communication Limited,
Warid Telecom Pakistan LLC
|
| Respondents |
Not available
|
| Citations |
2016 SLD 3354,
2016 CLD 1344
|
| Other Citations |
Not available
|
| Laws Involved |
Competition Act (XIX of 2010)
|
| Sections |
11,
31(1)(d)(i)
|