2026 CLD 113 COMPETITION COMMISSION OF PAKISTAN

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VS S.11---Competition (Merger Control) Regulations, 2016, Regln. 12---Merger---Common Market---Assessing of factors---Segmentation---Pakistan Telecommunication Company Limited intended to acquire 100% ownership of Telenor Pakistan (Pvt.) Ltd., Telenor LDI Communications (Pvt.) Ltd. and Orion Towers (Pvt.) Ltd. Target) with pre-paid and post-paid segments, while Mobile Network Operator (MNOs) could switch their offerings from voice to data / internet for providing mobile telecommunication services and vice versa, consumers distinguish greatly between voice and data/internet services---These two segments are clearly distinguishable by virtue of their pricing, characteristics and intended use---There is ample supply-side substitution enabling MNOs to compete effectively in different service segments---For smaller players in general and new entrants in particular, ability to switch and expand service depends on their access to spectrum, capital for infrastructure deployment and regulatory support---Commission did not find it relevant to further segment the Retail Mobile Telecommunication (RMT) Market based on type of service (voice, call, SMS, MMS or mobile internet/data services) or the type of network technology (2G, 3G or 4G); these are the segments of the same market and do not constitute separate product markets---Such segmentation is not needed to be assessed separately in light of S. 11 of Competition Act, 2010---For the purpose of proposed merger, the relevant product market was the broader retail market for mobile telecommunication services which was national in scope---For any claim of market segmentation to be relevant for assessment purposes, clear demand-side substitutability or supply-side distinctions between the proposed sub-markets must be demonstrated---Many segments identified by other companies were in practice, integral components of the same network infrastructure ecosystem and could not be meaningfully treated as separate market---Supporting infrastructure companies would enhance network capacity and backhaul efficiency and could not represent separate product markets for the purposes of assessment by Competition Commission---Such components function as inputs used by operators to deliver comprehensive LDI and network connectivity services without exhibiting standalone demand-side substitutability.

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