Legal Case Summary

Case Details
Case ID 1023ea00-3145-489b-88bd-29769bee3c56
Body View case body.
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)