Ignoring the recommendations of Competition Commission of Pakistan (CCP), Ministry of Information Technology and Telecommunication (MoITT) has drafted ‘Pakistan Telecommunication Competition Rules, 2017’ to discourage anti-competitive conduct, avoid abuse of dominant position and ensure open and fair competition within the telecommunications sector.
CCP had recommended the MoITT to review telecom policy, where it has been stated that competition rules would be developed for the telecom sector. CCP had categorically stated that empowering Pakistan Telecommunication Authority (PTA) to regulate competition related matters in the telecom sector will not only create duplication of jurisdiction but will also engender legal uncertainty for the telecom operators and therefore recommended to review the telecom policy 2015.
However ignoring the CCP recommendations, the ministry has formulated Pakistan Telecommunication Competition Rules, 2017.
Keep reading to know more about MoIT’s Anti-Trust Laws for telecom sector:
Anti-Competitive Conduct
Draft said that PTA will regulate tariff or other terms and conditions of any telecom service. PTA will also be responsible for a check on telecom services for any anti-competitive practices.
Draft said that if an operator tries to defame another operator through ads, then it will be considered anti-competitive.
Moreover, telecom operators will also be barred to activate services automatically and from deducting any charges without the consent of the user.
Here are some other bindings for telecom operators:
Draft also outlined the process for determination of significant market player and said that an operator will be considered SMP if it has a share of forty per cent (40%) or above of a relevant market.
Complete copy of the draft is available for download here.