South Africa Competition Tribunal
Vodacom and Rain Partnership Constitutes a Merger, According to Telkom
Telkom has approached the Competition Tribunal to declare the suite of spectrum arrangements between Vodacom and Rain as a merger – something that it believes should have been notifiable in terms of the Competition Act. The Telco says that the merger is notifiable because “the multiple agreements between Vodacom and Rain grant Vodacom use and control over the deployment of Rain’s spectrum, including the planning, rollout, maintenance and service of its radio access network”. According to Telkom’s Group Executive for Regulatory Affairs and Government Relations, Siyabonga Mahlangu, Vodacom’s ability to control Rain’s spectrum entrenches its position as a dominant player in a highly concentrated market. “It is important that the effects of spectrum arrangements on competition are scrutin...
