By Kingsley Samuel
The Nigerian Communications Commission, NCC, has said that an operator’s Significant Market Power, SMP, status does not, by itself, indicate anti-competitive behaviour.
The Commission said it would focus on ensuring that market power does not undermine effective competition, adding that any regulatory intervention would be proportionate and targeted at protecting competition, encouraging investment and innovation, and improving service quality and consumer value.
The NCC made this known at its second stakeholder forum on the study of competition in the Nigerian telecommunications industry, where preliminary findings were presented for discussion.
The Commission said the findings were largely based on responses to surveys and requests for information circulated to licensees and other stakeholders. It acknowledged the organisations that submitted information, while noting that gaps in data completeness, accuracy or consistency would be identified and taken into account when interpreting the results.
At the forum, the NCC said the study was designed to provide an evidence-based assessment of relevant telecommunications markets, identify potential barriers to competition and guide possible regulatory responses.
It said the assessment would consider factors beyond market shares and the number of licensed operators, including market concentration, barriers to entry and expansion, control of essential infrastructure, market conduct and consumer choice.
The Commission added that limited scale would not, in itself, place smaller operators at a disadvantage. It also noted that SMP could result from sustained investment, innovation and commercial success.
The NCC said the preliminary findings were being shared to give stakeholders an opportunity to validate the evidence, raise concerns and provide additional information before the Commission reached any regulatory conclusions.
It urged participants to support their observations with verifiable data and practical industry experience to help ensure that the final study was balanced and reflected market realities.
The Commission said PricewaterhouseCoopers (PwC), which conducted the study, would present the findings before stakeholders offered questions and comments. Written submissions would also be accepted within a timeline to be communicated by the forum’s secretariat.
The NCC said the study would support its statutory responsibilities under the Nigerian Communications Act 2003 and the Competition Practices Regulations 2007, and contribute to a competitive, resilient and sustainable telecommunications industry.
