Ruling from the Administrative Tribunal on 06/08/2020
Yesterday, the Administrative Court (TANC) handed its ruling on the appeal submitted by SCCI against the Government Decree approving the new offerings granting access to the backbone network.
Commercialized since 1 March, 2020, these offerings made prices charged to ISP for bandwidth 40 % cheaper, which, in turn, made fiber and speeds of 100Mb/s more broadly accessible to New Caledonians.
SCCI based its appeal on the fact that the OPT-NC’s legal monopoly on the provision of international bandwidth did not exist and challenged the price decreases
In its decision, the TANC, after considering the opinion of the Competition Authority, reaffirms the Public Rapporteur’s position that a legal monopoly on telecommunication does exist in New Caledonia.
It also adds that the price changes approved by the Government regards a market closed to competition and that neither the right of free enterprise nor principles related to freedom of commerce and industry or free competition were infringed upon.
Therefore, the Court rejected SCCI’s appeal. The OPT-NC acknowledges this decision which reaffirms the existence of a legal framework o telecommunication in New Caledonia on the one hand and the legitimacy of the current internet offerings.