GP’s review petition dismissed by Competition Commission in dispute with Robi

The Bangladesh Competition Commission (BCC) has dismissed a review petition filed by Grameenphone (GP), confirming its earlier order that the Commission holds full jurisdiction to investigate allegations of market- dominance abuse, brought by rival operator Robi Axiata.

The dispute began in January when Robi lodged a formal complaint, accusing GP of engaging in anti-competitive practices and abusing its dominant position in the telecom market.

GP challenged the Commission's jurisdiction, arguing that matters concerning telecom operators should fall solely under the purview of the Bangladesh Telecommunication Regulatory Commission (BTRC).

Following a hearing, the BCC rejected the jurisdictional challenge on September 22. GP then filed a review petition against this decision, which the Commission dismissed on Tuesday.

Robi welcomes ruling, alleges GP's delaying tactics

Welcoming the decision, Shahed Alam, Chief Corporate & Regulatory Officer of Robi Axiata, said, "Robi Axiata PLC filed a formal complaint with the Competition Commission in January this year alleging abuse of market competition mechanisms and anti-competitive practices by Grameenphone. Grameenphone filed an application challenging the Commission's jurisdiction in investigating the complaint, which was rejected on September 22 after a hearing. Subsequently, Grameenphone filed a review application against that decision. The Commission heard the review petition and today (Tuesday) dismissed it as well. We welcome this decision of the Competition Commission.

"We believe that despite clear legal provisions on the matter, Grameenphone has been attempting to delay the investigation process by adopting time-wasting tactics. We are committed to fully cooperating with the Commission and will continue to support policies and practices that strengthen fair competition in the market," he said.

Robi argued that GP has been consistently trying to obstruct the investigation instead of allowing the regulatory process to move forward.

Grameenphone rejects allegations

Grameenphone, meanwhile, said it had only received informal communication about the latest decision and had yet to obtain a certified copy of the order.

Sharfuddin Ahmed Chowdhury, Head of Communications, Grameenphone, said: "We have got the information that BCC has rejected our review application related to its jurisdiction over the telecommunication industry in a proceeding initiated by one of the operators of the industry. However, since we have not yet received any certified copy of the Order, it is not possible for us to make any detailed comments at this moment.

"To this notion, we would like to firmly reiterate that Grameenphone has been conducting its business operations in compliance with the prevailing competition laws of Bangladesh. Grameenphone is in no way involved in any anti-competitive activities. We categorically reject all allegations related to pricing, marketing, and distribution," he added.

"The telecommunications sector in Bangladesh is strictly regulated by the Bangladesh Telecommunication Regulatory Commission (BTRC) governed by the Bangladesh Telecommunication Regulation Act, 2001; this sector ensures fair competition, an open market, and the protection of consumer rights. As the regulatory authority, BTRC oversees market entry, pricing, and all competitive practices.

"Currently, as an SMP (Significant Market Power) operator, Grameenphone is operating strictly within the legal framework. Our activities are carried out on the basis of specific regulatory directives, including asymmetric MNP lock-in, campaign approvals, interconnection charges. In such a heavily regulated environment, the allegations brought against Grameenphone are baseless and merely reflect negative competitive motives."

With the review petition dismissed, the BCC is now set to proceed with the full investigation into Robi's allegations of abuse of dominance and anti-competitive behaviour by the country's largest mobile operator.

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