The Independent Consumer and Competition Commission (“ICCC”) wishes to inform relevant stakeholders and the general public that it has revoked authorization determinations A2015/18 and A2016/24 for code-share arrangements between Air Niugini and Qantas.
The revocation is based on the decision of Air Niugini and Qantas to cease the code-share services between various Papua New Guinean and Australian routes which amounted to a material change of circumstance pursuant to Section 80 of the ICCC Act.
The ICCC Commissioner and CEO, Paulus Ain, said authorization A2015/18 was granted on 22nd April, 2016 for three years, for Air Niugini to continue its code-share arrangement with Qantas for the Port Moresby–Brisbane (POM/BNE) and Port Moresby-Sydney (POM/SYD) routes.
“The Port Moresby–Brisbane sector code-share covers both passenger and freight component while Port Moresby-Sydney only covers passenger services.”
Authorization A2016/24 was granted on 09th November, 2016 for Air Niugini to enter into and give effect to a code-share agreement with Qantas, on a “free sale” basis, on flights operated by Air Niugini between Port Moresby and Cairns (POM/CNS) for a period of five (5) years, commencing from 10th November, 2016.
Mr Ain said that on 16th February, 2018, Qantas submitted an application to the International Air Service Commission (“IASC”) of Australia requesting a variation on existing capacity determinations to permit the utilization of capacity for code-share services with Air Niugini on a free sale basis.
“However, on 30th April, 2018, the IASC released its draft determination proposing not to allow Qantas to vary its determination relating to the code-share arrangements with Air Niugini on the PNG routes to free sale. Consequently, Qantas withdrew its application from the IASC on 16th May, 2018.”
“Air Niugini then advised the ICCC of the situation and indicated that the code-share services with Qantas effectively ceased on 1st July, 2018.”
Mr. Ain explained that the cessation of the codeshare services by the parties amounted to a material change in circumstance prompting the ICCC to revoke the mentioned authorizations and related variations.
The detailed revocation determination can be accessed via the ICCC website: www.iccc.gov.pg or you can visit the ICCC Head Office at Level 1, Garden City, Boroko to obtain a copy.
The Independent Consumer and Competition Commission (“ICCC”) has issued a Statutory Notice to Paradise Company Limited (“Paradise”) to provide information relating to the acquisition of Laga Industries Limited (“Laga”).
The information requested is necessary for the ICCC to investigate the acquisition and would assist the ICCC in performing its statutory functions set out in the ICCC Act 2002.
The ICCC Commissioner and Chief Executive Officer, Mr. Ain, revealed that the ICCC became aware of this acquisition on 03rd July, 2018 when news of the acquisition was published in the newspapers. Following the publication, the ICCC sought specific information from Paradise on 05th July, 2018 relating to the acquisition of Laga. Paradise was requested to provide the information to the ICCC by 20th July, 2018. However, Paradise has not complied in providing the information to the ICCC as requested.
“Given the fact that both Paradise and Laga are two well-established competitors in the food and beverage manufacturing industry in Papua New Guinea, there are genuine competition concerns that would require the ICCC’s thorough assessment and verification. As a result, a competition assessment is necessary for this acquisition.” Mr. Ain said.
Mr. Ain further stated that, “The ICCC has now served Paradise a Statutory Notice under Section 128 of the ICCC Act for it to provide the requested information and failure to comply will mean a contravention of the ICCC Act. The penalties for non-compliance of a Statutory Notice issued under Section 128 of the ICCC Act includes court ordered fines of K50,000.00 or imprisonment for a term of six months.”
“We gave Paradise sufficient time to provide the necessary information and even sent a follow-up letter to Paradise on 16th August, 2018. However, Paradise has neither responded nor provided the requested information to date, ” Mr. Ain added.
The ICCC also reserves its rights to institute legal action in Court to challenge the acquisition if it forms a concluded view that the acquisition would, or would be likely to substantially lessen competition in PNG.
The Independent Consumer and Competition Commission (ICCC) wishes to respond to the article titled “Why Telikom raised charges: Duma” which appeared in The National newspaper (30 August, p.5).
While responding to questions by East Sepik Governor Hon. Alan Bird on the recent hike in mobile phone services fees and charges by Telikom, Public Enterprise and State Investment Minister Hon. William Duma unfortunately made several incorrect and misleading statements about the function of the ICCC.
Hon. Minister Duma stated that;
- “Internet and telephone charges and prices are fixed by the Independent Competition Consumer Commission.”
- a “170 per cent increase” in mobile phone service fees charged by Telikom “remains to be clarified by ICCC”;
- “There are certain increases that have been approved by ICCC”; and
- that necessary increases “have been approved by ICCC to enable our companies to provide decent dividends for our people.”
ICCC Commissioner and Chief Executive Officer, Paulus Ain said that the statements made by Minister Duma, and reported by the media, is indeed inaccurate and misleading. It only further increases the divide and public misconception on the role of the ICCC in the Information, Communications and Technology (ICT) Industry.
Mr. Ain said under the National Information Communications Technology Act 2010, NICTA is the ICT regulator and it is entirely responsible for setting the tariff/rates, attending to consumer complaints, issuing licences, setting interconnection rates and monitoring their service standards of all its licences and all other players in the ICT industry.
It is imperative to note that prior to 2010, the ICCC was the economic regulator of the telecommunication industry and that it was responsible for setting the tariff/prices of telecommunication services and the inter-connection rates between the competing telecommunication service providers. During that time, the Papua New Guinea Telecommunication and Radio-communication Technical Authority (PANGTEL) was the technical regulator of the industry responsible for, amongst other things, issuance of spectrum licenses and bandwidths to industry participants.
However, n 2010, the Government repelled the Telecommunications Act and replaced it with the NICTA Act 2010 and it established a new Authority called the National Information and Communications Technology Authority (NICTA). The new Authority or NICTA took over the role of the former PANGTEL as the technical regulator and the economic regulatory function of the ICCC that were previously performed by the ICCC and PNAGTEL.
Mr. Ain said, since 2010, NICTA is the legislated or mandated Authority responsible for both the economic and technical regulation for the entire ICT industry. Amongst other economic regulatory functions of the ICCC that has been transferred to NICTA includes; setting of the prices or rates of mobile and fixed line telephony services, wholesale internet bandwidth rates, interconnection rates for mobile and fixed line telephony, monitoring of the service standards and issuance of operator licences.
Mr. Ain said prior to 2010, the ICCC has many success stories as the economic regulatory of the telecommunications industry, one that stands out today is the successful issuance of mobile operator’s licence to Digicel PNG Limited in 2007.
Adding to this Commissioner Ain said, “It is therefore important for all concerned stakeholders to understand that NICTA is the telecommunication industry regulator by law and is directly responsible for regulating the prices of telecommunication services and service standards of the operators in that industry. It [NICTA] is the sector specific regulator of the telecommunication industry and is duty bound to perform its mandated role under its legislation.”
“Users of telecommunication services also need to know that NICTA has a consumer affairs branch that deals with Information Communication Technology (ICT) service queries. This facility can be utilized by aggrieved consumers.” Commissioner Ain said.
Consistent with Government policy, the ICCC, as an implementation agency, only regulates the prices of Electricity, Water, Fuel, Essential Port Services, Motor Vehicles 3rd Party Insurance premiums, Postal Services, PMV and Taxi Fares. It also monitors the factory gate prices of Rice, Flour and Sugar but does not set the prices of these goods. Commissioner Ain added that prices of all other goods and services in the PNG economy are determined by the market forces of demand and supply or by industry/sector specific regulators where these are subject to regulations; and not the ICCC. All stakeholders need to be informed and educated about these facts. Unfortunately, Minister Duma has miss interpreted the facts. Similarly, many consumers and the general public also continue to misinterpret the facts.
Commissioner Ain added that given the ICCC continues to maintain its competition and consumer watchdog role, it continues to receive consumer complaints regarding telecommunication issues.
“In most cases, these are referred to NICTA to investigate as the sector regulator because NICTA is best placed to deal with these complaints and queries. NICTA has successfully assisted customers on the same with and without the assistance of the ICCC.”
“Thus, concerned users of telecommunication goods and services should not shy away from approaching NICTA directly and request that it investigates their complaints and queries. Where complaints are laid with the ICCC, these will be referred to NICTA to assess and resolve.”
In closing, Commissioner Ain said the ICCC will continue to work with NICTA, the sector regulator, on issues requiring our joint competency.
The Independent Consumer and Competition Commission (“ICCC”) hereby announces the new retail fuel prices for this month which will take effect on Saturday, 08th September, 2018.
According to the ICCC’s calculations, retail fuel prices for petrol, diesel and kerosene will all increase throughout PNG as of 08th September, 2018. The increases in the retail fuel prices for this month are mainly attributed to the increases in the import parity prices for this month.
The domestic retail fuel prices for petrol, diesel and kerosene are inclusive of the IPP, domestic sea and road freight rates for the third quarter of 2018, the 2018 wholesale and retail margins for petrol, diesel and kerosene; including excise duty for petrol and diesel, and the Goods and Services Tax (GST).
As a result of adding all the various cost components mentioned above, the maximum retail prices for fuel in Port Moresby are as follows:
Port Moresby Retail Prices (toea per litre)
Retail Prices as of 08th September, 2018
Retail Prices as of 08th August, 2018
Price Variance (+/-) toea per litre
For all centers, the maximum retail fuel price for each fuel product in the country will change on average as follows:
- Petrol prices will increase by 3.97 toea per litre;
- Diesel prices will increase by 5.82 toea per litre; and
- Kerosene prices will increase by 0.63 toea per litre.
Retail prices in all other designated centres will change according to their approved in-country shipping and road freight rates (for the third quarter of 2018) that are charged by the fuel distributors.
As part of the ICCC’s enforcement and compliance of fuel prices, its Investigation Officers will conduct inspections at all service stations to ensure prices of petroleum products do not exceed the allowable maximum prices. The following ICCC officers will conduct compliance inspections in Lae, Goroka, Kokopo and Port Moresby. Inspections in other provinces will be supported by our contacts in those provinces. Please note:
- Mr. Christopher Gabesoa, Mr. Seri Tau Vali, Mr. Dennis Jerry and Mr. Bill Boiu will conduct compliance inspections to all service stations in the National Capital District. They can be reached on telephone number 325 2144;
- Mr. Johnny Anderson, Ms. Pamela Ipambonj and Mr. Timothy Ponau will conduct compliance inspections in Lae. They can be reached on telephone number 472 2859;
- Mr. Bobby Tei, Roman Rosting and Mrs. Dorcas Baining Julai will conduct compliance inspections in Kokopo, Rabaul, Kerevat, Warangoi and Toma. They can be reached on telephone number 982 9711; and
- Mr. Kevin Kondo, Mr. Banmu Olivi and Mr. Jeffery Khar will conduct compliance inspections in Goroka, Kainantu, Kundiawa and Mt. Hagen. They can be reached on telephone number 532 1077.
The prices set by the ICCC are the indicative maximum retail prices, for which retailers may choose to sell below the maximum price. The ICCC would like to remind retailers who sell fuel using pumps to set fuel prices to one decimal place while the ICCC will continue to set the maximum price to 2 decimal places.
No fuel pump operator should charge above the Indicative Retail Price for this month’s price regardless of the number of decimals. This is to ensure compliance with the Prices Regulation Act under which the maximum prices of refined petroleum products are set. Retailers who are displaying prices to 1 decimal place are urged by the ICCC to round the prices down to ensure prices are within the allowable indicative retail prices. The ICCC Inspectors will continue to conduct spot checks after 08th September, 2018, to ensure on-going compliance by fuel operators.
Consumers are advised to report any instances of overcharging by retailers through the ICCC’s Consumer Protection Division on 325 2144, on toll free number: 180 3333 or by contacting our Regional Offices closest to you on the numbers provided above.
The Independent Consumer and Competition Commission (“ICCC”) will commence an independent investigation into the acquisition of Markham Farming Company Limited (MFCL) by New Britain Palm Oil Limited (NBPOL).
The ICCC advised that even though MFCL and NBPOL announced that the acquisition was completed on 23rd August, 2018, both parties never obtained a Clearance or an Authorisation from the ICCC.
ICCC Commissioner and CEO, Paulus Ain said it is important for businesses to apply for Clearance or Authorisation from the ICCC to safeguard the concerned parties from potential legal action from the ICCC or any aggrieved third parties under the ICCC Act.
“The ICCC administered a voluntary merger notification regime under the ICCC Act where businesses were not required to apply for Clearance or Authorisation for any proposed merger or acquisition. However, on 25th July, 2018, the ICCC Act was amended by Parliament making it mandatory for parties to a merger or an acquisition to give notice seeking a clearance from the ICCC if the merger or acquisition fell within certain thresholds.”
According to Mr Ain, the transaction value of the recent acquisition of K174million was well within the thresholds for giving a notice seeking clearance from the ICCC which was K50 million.
Mr Ain, however, explained that the acquisition is not subject to the new thresholds because the new amended ICCC Act is yet to be certified by the Speaker’s Office.
Despite this Mr Ain said that businesses should still apply for a Clearance or Authorisation under the ICCC Act.
“This is because in the event that the new amended ICCC Act is certified and gazetted, the amended ICCC Act may be made retrospective and come into effect on the date that it was passed by Parliament, which is 25th July 2018. Failure to give notice seeking clearance from the ICCC is an automatic fine of K750, 000.00. Therefore, to safeguard businesses from this potential effect, they should apply for a Clearance or Authorisation if the proposed acquisition would be completed after 25th July 2018.”
Mr Ain further stated that the ICCC reserves its rights under the ICCC Act to investigate any consummated acquisitions and take legal action if it is satisfied that the acquisition would have the effect of substantially lessening competition in a market in PNG.