Jazz Telecom and Wateen Telecom Limited have expressed serious concerns about the proposed acquisition of Telenor Pakistan and Orion Towers Limited by Pakistan Telecommunication Company Limited (PTCL) during the Phase-II Merger Review hearing.
Read More: CCP to Scrutinize Telenor-PTCL Merger Amidst Controversy
The hearing was presided over by CCP Chairman Dr. Kabir Ahmed Sidhu, with members Salman Amin and Abdul Rashid Sheikh in attendance on Wednesday.
During the proceedings, Mian Sami-ud-Din, a partner at BNR and counsel for Wateen Telecom Limited, urged the Commission to thoroughly evaluate the competition dynamics within telecom sub-markets, such as Indefeasible Right of Use (IRU), tower colocation, and the fiberization of towers. He stressed the importance of considering all competitive aspects that could be impacted by the merger.
Khalid Ibrahim, counsel for Jazz Telecom, argued that PTCL’s acquisition of Telenor could position it as a market dominator. He recommended that the Commission impose both pre-merger and post-merger conditions. These could include requiring the merged entities to offer other mobile operators roaming services on mutually agreed terms. Additionally, PTCL should be obliged to provide wholesale, non-discriminatory access to other operators, ensuring fair terms for active infrastructure, fiber, and spectrum sharing and trading.
In contrast, PTCL’s legal representatives highlighted the potential efficiencies, economies of scale, and technological advancements the merger could bring, contributing to a “Digital Pakistan” and transforming the IT ecosystem. PTCL was represented by Senior Counsel Ms. Rahat Kaunain Hassan and Mustafa Munir Ahmed, partner at Legal Oracles.
The bench posed critical questions to the representatives of PTCL, Wateen Telecom, and the Pakistan Telecommunication Authority (PTA), seeking clarification on the merger’s potential impact and the relevant statutory regulations.
In a related note, the dual standards of Jazz’s CEO, Mr. Aamir Ibrahim, are a clear indication of conflicting positions; while his lawyer opposes this acquisition, the Jazz team denies this, and various paid news outlets are reporting that CEO Aamir has deemed the proposed merger between Telenor Pakistan and PTCL significant.
The CCP has also requested additional data and information from PTCL and Telenor to assist in its Phase-II Merger Review. The hearing is set to resume on Thursday (today).
