What: Mediating Fiji’s telecom sector liberalization

Areas: Telecom, Competition, Dispute resolution

MacmillanKeck Lead: Rory Macmillan

Fiji’s telecom sector was tied up with exclusive licences and litigation challenging the Government’s plans to introduce competition. We conducted a hub-and-spokes mediation process bringing around the table the Minister of Finance, Attorney General and Minister of Telecommunications and Tourism for the Government, and the CEOs and Chairmen of Vodafone Fiji, Cable & Wireless Fiji, Telecom Fiji and Amalgamated Telecom Holdings (ATH). As the TV cameras rolled in at 2am on the fourth night, the parties signed the ‘Radisson Accord’ providing the framework for sector liberalisation and withdrawal of litigation. We also drafted the new telecom law and advised on tendering new licences.

What: Fixing COMESA’s merger review framework

Areas: Telecom, Digital Financial Services, Competition

MacmillanKeck Lead: Jason Blechman

The COMESA Competition Commission (CCC) faced criticism for its merger guidelines in its early years. These imposed filing requirements on nearly all cross-border mergers in the region regardless of size, among other problems. Working with Charles River Associates, we advised the CCC on an overhaul of its merger guidelines and proposed changes to its competition regulations and rules. The revised guidelines were praised by experts and market participants in the region and established the CCC as a credible player in global mergers involving the African continent. We also advised the CCC on developing a regional leniency program for cartel violations.

What: Introducing telecom competition in Timor Leste

Areas: Telecom, Competition

MacmillanKeck Lead: Rory Macmillan

Competition can be very healthy…when done right. After gaining independence from Indonesia, the Government of Timor Leste awarded Portugal Telecom (PT) an exclusive concession. After becoming dissatisfied with performance in this area, Timor Leste sought to introduce competition. They asked us to represent them in this area of critical importance to their economy. We advised the Government on its policy and strategy and negotiated an end to PT’s monopoly and privatisation of the concession assets. We then drafted a telecom law to regulate a competitive sector, managed the tender of two new licences, and prepared the establishment of a new sector regulator. Our tender design secured 95% coverage commitments for mobile broadband from two new entrants.