Telemach fined 100,000 BAM: Logosoft users attempted to be switched to Mtel in exchange for SK

SARAJEVO, (Patria) -  It is established that the undertaking United Media S.a.r.l., Boulevard Pierre Frieden 43, L-1543 Grand Duchy, Luxembourg, through its agent the undertaking "Sport Klub" d.o.o. Sarajevo, Džemala Bijedića no. 160 G, Lamela C, 71000 Sarajevo, Bosnia and Herzegovina, abused its dominant position within the meaning of Article 10, paragraph (2), point a) of the Competition Law by imposing, during negotiations for concluding a distribution agreement for the Sport Klub channel in Bosnia and Herzegovina, the condition that 100% of the existing users of the undertaking Logosoft migrate to the platform of the undertaking Mtel, thereby directly imposing trading conditions that restrict competition, states the Decision of the Competition Council of BiH.

This Decision establishes that the undertaking United Media S.a.r.l., Boulevard Pierre Frieden 43, L-1543 Grand Duchy, Luxembourg, through its agent the undertaking "Sport Klub" d.o.o. Sarajevo, Džemala Bijedića no. 160 G, Lamela C, 71000 Sarajevo, Bosnia and Herzegovina, abused its dominant position within the meaning of Article 10, paragraph (2), point b) of the Competition Law by imposing a condition not prescribed by the General Terms and Conditions of Service, thereby restricting the market to the detriment of consumers by denying the users of the undertaking Logosoft d.o.o. Sarajevo access to high-quality football content, including the live broadcast of the English Premier League packages.

"The undertaking United Media S.a.r.l., Boulevard Pierre Frieden 43, L-1543 Grand Duchy, Luxembourg, is ordered, through its agent the undertaking "Sport Klub" d.o.o. Sarajevo, Džemala Bijedića no. 160 G, Lamela C, 71000 Sarajevo, Bosnia and Herzegovina, to conclude a Distribution Agreement for the Sport Klub channel with the undertaking Logosoft d.o.o. Sarajevo, Grbavička 4, 71000 Sarajevo, within 60 days, based on the actual number of users of the undertaking Logosoft for whom technical protection has been implemented in accordance with the General Terms and Conditions," states the document published several days ago.

A monetary fine is imposed on the undertaking United Media S.a.r.l., Boulevard Pierre Frieden 43, L-1543 Grand Duchy, Luxembourg, for the violation of the Law established in points 1 and 2 of this Decision, in the amount of 100,000.00 BAM (one hundred thousand BAM), within the meaning of Article 48, paragraph (1), point b) of the Competition Law, which it is obliged to pay within 8 (eight) days from the date of receipt of this Decision.

If the undertaking United Media S.a.r.l., Boulevard Pierre Frieden 43, L-1543 Grand Duchy, Luxembourg, fails to pay the imposed monetary fine within the given deadline, it shall be collected by enforcement, with default interest calculated for the period of delay, in accordance with the applicable regulations of Bosnia and Herzegovina, from its related entity registered in Bosnia and Herzegovina, "Telemach" Društvo za pružanje usluga u oblasti telekomunikacija d.o.o. Sarajevo, Džemala Bijedića 216, 71000 Sarajevo.

The request of the undertaking Logosoft d.o.o. Sarajevo, Grbavička 4, 71000 Sarajevo, submitted against the undertaking United Media S.a.r.l., Boulevard Pierre Frieden 43, L-1543 Grand Duchy, Luxembourg, and the undertaking Sport Klub d.o.o., Džemala Bijedića no. 160 G, Lamela C, 71 000 Sarajevo, for establishing abuse of a dominant position within the meaning of Article 10, paragraph (2), points c) and d) of the Competition Law, is dismissed as unfounded.

The undertaking Logosoft d.o.o. Sarajevo, Grbavička 4, 71000 Sarajevo is ordered to pay the undertakings United Media S.a.r.l., Boulevard Pierre Frieden 43, L-1543 Grand Duchy, Luxembourg, and Sport Klub d.o.o., Džemala Bijedića no. 160 G, Lamela C, 71 000 Sarajevo, the amount of 1,053.00 BAM in procedural costs, while the undertakings United Media S.a.r.l., Boulevard Pierre Frieden 43, L-1543 Grand Duchy, Luxembourg, and Sport Klub d.o.o., Džemala Bijedića no. 160 G, Lamela C, 71 000 Sarajevo are ordered to pay the amount of 1,483.84 BAM in procedural costs to the undertaking Logosoft d.o.o. Sarajevo, Grbavička 4, 71000 Sarajevo, all within 8 days from the date of receipt of this Decision.

The undertaking Logosoft d.o.o. Sarajevo, Grbavička 4, 71000 Sarajevo is obliged to pay an administrative fee in the total amount of 1,500.00 BAM to the budget of the institutions of Bosnia and Herzegovina.

This Decision is final.