Read the Initial Statement published 13 July 2021: English
Read the Final Statement published 21 March 2022: English / French

On 10 March 2020, Electricity Transmission Consultants Ltd. (ETCBL), a Bangladesh based consultancy firm, alleged that Tower Solutions Inc., a Canadian communication service, had not observed the Disclosure (Chapter III) and Competition (Chapter X) provisions of the Guidelines. Specifically, ETCBL alleged that Tower Solutions Inc. failed to provide compensation for services provided to enter the Bangladesh market and failed to provide compensation for services, contrary to commitments made. Tower Solutions Inc. rejected the allegations and claimed to have operated according to the commitment between the parties.

The Canadian NCP determined the issues to merit further examination and moved to offer good offices. A mediator identified by the NCP was agreed upon by the parties. Following two mediation sessions taking place in July and November of 2021, the parties were unable to reach agreement.

On 17 February 2022, the NCP officially concluded the case without agreement between the parties. However, the NCP considers that the mediation was successful because it facilitated a constructive exchange and allowed the identification of best practices around the implementation of the Guidelines.

The NCP recommended that:

• The company proactively disclose their information in relation to their business relations with subcontractors, suppliers and partners so as to avoid confusion
• The submitter adopt business practices, such as signing contracts that clearly outline the responsibilities and deliverables for all parties, consistent not only with local law, but also with internationally recognized standards and practices, especially when dealing with foreign companies

The NCP reported experiencing some delays in the procedure due to difficulties in coordinating mediation sessions.

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