The Serbian Commission for Protection of Competition concluded its proceedings against Telekom Srbija a.d. for alleged abuse of dominance in the wholesale ADSL broadband and wholesale direct internet access (internet transit service) markets. On 14 November 2014, the Commission accepted a set of commitments offered by Telekom Srbija, making them legally binding.

The investigation began in October 2011, and the Commission raised concerns in its 16 August 2013 Statement of Objections. The allegations included margin squeezing, price discrimination, tying, and imposing unfair contractual terms on the wholesale ADSL and direct internet access markets.

On 7 August 2014, Telekom Srbija, represented by Živković Samaradžić, proposed commitments to address the Commission's concerns. Key commitments included:

• Aligning retail ADSL broadband access pricing with the "equally efficient operator" test
  
• Applying the same direct internet access price-to-bandwidth ratio for wholesale and retail clients
  
• Ending discounts for wholesale ADSL broadband access tied to direct internet access purchases
  Offering wholesale direct internet access customers flexible contract renewal options (1, 2, or 3 years)

The Commission reviewed these commitments through a market test and found they resolved competition concerns, making them legally binding.

This marks the first time the Serbian Commission has closed an abuse of dominance case using commitments, a practice more common in the European Commission. Importantly for Telekom Srbija, the case ended without an infringement finding or a fine.

The Commission's full decision in Serbian is available here: link

The Živković Samardžić team, led by partner Slobodan Kremenjak, represented Telekom Srbija in this case.