Ninic on the contract between Telekom and Zezelj: the Commission for the Protection of Competition is obliged to reconsider the decision



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There are still no reactions from the state authorities to the contract between Telekom and the Mondo company, according to which Igor Žeželj’s company will sell “other content” to Telekom for 38 million euros over the next five years. While waiting for the Anti-Corruption Council to interpret the agreement, the president of the Council, Miroslav Milićević, does not respond to calls from H1. That is why we tried to explain to the former associate of the Council the illogicality of the agreement, which according to the opposition is one of the proofs of the way the Serbian government controls the media.

Frankenstein: With that word, lawyer Ivan Ninić describes the contract between Telekom Srbija and Wireless Media Igor Žeželj, after analyzing it. Apart from having a different title and content, to be clear, it lacks an umbrella contract that defines the entire long-term business relationship. In addition, it is restrictive, which is prohibited by the Law for the Protection of Competition, Ninic points out. Explain: Any engagement whereby market participants gain mutual control is restrictive, contrary to market principles.

“In this case, Telecom gains control, mainly financial and management, over all operations and all business activities of Wireless Media. Thus, the principles of the market are destroyed and a cartel is created in which the laws of the market are no longer valid, because they are advanced. certain transactions were agreed, without having previously passed the control of the Commission for the Defense of Competition ”, explains Ninić.

In this way, Telekom became manager of Adria Media Group, as well as of its tabloid “Kurir”, but also of the television of the same name, according to the lawyer. It is strange, says Ninić, that Igor Žeželj lost some control of his companies because of this work.

“It is an atypical situation in which the owner of a company, who has entered into a contract with another company, cannot freely dispose of the property of his company, in this case shares, and such restriction is introduced through a commercial contract, without judicial decision. decisions, sentences, for a decision on a temporary measure that prohibits the provision, “he added.

Due to the participation and restrictive nature of Telecom, Wireless Media had to report the contract to the Commission for the Protection of Competition before Mondo INC requested permission to concentrate market participants in the acquisition of Adria Media Group. However, Mondo submitted the request on October 16, 2018, but not the disputed contract, concluded with Telekom the day before.

It follows from the Commission’s explanation that Telecom also did not report the existence of the contract, although it also had this obligation.

“The question is whether the Commission would allow the acquisition, if it had approved the concentration of ownership and the merger between Monda INC and Adria Media Group if it had known of the existence of such an agreement. This has consequences under the General Law of Administrative Procedure.” New facts that influence the resolution of an administrative matter can be repeated by the procedure and the Commission is obliged in this case, ex officio, to repeat the procedure and review this decision ”, affirms the lawyer.

It’s worrying that such an important business is being secured with just three blank bills of exchange, says Ninić

Furthermore, Ninic says, it is completely atypical and worrying in business that such an important business is insured with only three blank bills of exchange, which Wireless Media provided to Telecom, instead of a bank guarantee.

They probably did not meet the conditions of the guarantee, assumes Ninic.

By the way, according to the portal Nova.rs, this contract is only part of the work of Telekom and Igor Žeželj.

The Telecruiser doo company, partly owned by Žeželj, is in charge of the production of television broadcasts for TV Arena sport, that is, the Arena Channels Group company, which is 100% owned by Telekom Srbija. In one of the invoices issued by Telecruiser to Arena Sport, it can be seen that Arena should pay a little more than half a million dinars for the condition of producing a television broadcast of the basketball game Mega Bemax – Igokea, and that the additional service of technical support for the television broadcast of the game Red Star – Cedevita costs. about 118 thousand dinars.

Telecruiser was founded in October 2019 and is located at the same address as Wireless Media.



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