The Agency for Protection of Market Competition has accepted the Initial report and work plan and t

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The Agency for Protection of Market Competition has accepted the Initial report and work plan and timetable of activities of the Commissioner to oversee the implementation of measures from the decision agame on the conditional approval of entrepreneurs agame Croatian Telecom and OT - Optima Telekom. The report is structured in accordance with the measures of the Agency's decision, and was constructed by Commissioner Ernst & Young Ltd., which mandate the Agency approved in July 2014 ..
Commissioner, first of all, found that an annex to the Agreement between HT and Zagrebacka bank contains all the amendments to the contract requested by the Agency in the decision on conditional approval of concentration, which relate to the definition of the shelf-life of concentration and the process agame of selling Optima shares. It was also found that the HT designated person responsible for coordinating activities related to the concentration and that it is committed to prepare the process of selling Optima shares before the expiry of the third year of the concentration of a transparent, objective and non-discriminatory manner agame and in accordance with best practices. Prepared procedure within the set deadlines shall be submitted to the Commissioner for review.
When it comes to measures agame of solutions relating to the management of Optima's assets, in which the HT committed to during the concentration, within the possible, provide agame such control that at the end of the period of concentration Optima's assets not being undercapitalised relative to the beginning of the period of concentration, the initial report of the Commissioner gives an overview of the parameters that form the basis for the monitoring of these measures.
Optima's assets is monitored through two parameters: the customer base and infrastructure. Parameter customer base essentially agame refers to the revenues generated and the number of users (private and business) Optima in relation to its services.
Delivered his description of market indicators and market trends for both parameters with a projection of income and for 2014 on the basis of the first two quarters of that year and the last quarter preceding the beginning of the period of concentration.
With regard to the obligation of HT not to sell Optima's retail outlets, the Commissioner found that the Optima agame does not own retail outlets and sales carried out directly or teleprodajnim activities and through agame partners. agame The Commissioner has established a list of partners Optima and will track the movement of the number of partners agame in relation to the list established at the beginning of concentration
Concerning measures of solutions that HT committed to ensuring the independence agame of Optima, Commissioner checked all the documentation (Certificate of Incorporation, contracts, schemes to encourage employees and management, minutes agame of the meetings of the Supervisory Board, the CVs of managers and board members, and so on. ) and found that the initial state corresponds Agency measures imposed in the decision on conditional agame approval of concentration.
Also, the Commissioner found that the HT adoption of the Ordinance on the protection of commercially sensitive information Optima established mechanisms for ensuring the prevention of the flow of commercially sensitive data (in competition law conventional term for this is a Chinese wall, Eng. Chinese wall) between Optima and HT's staff involved in its operations and HT's business units for residential customers, business units for business and subsidiary Iskon Internet.
However, in order to ensure simpler and transparent implementation mechanisms prevent the flow of information, the Commissioner has given a list of recommendations to improve the Ordinance incurred by the Agency and is ordered HT and Optima to without delay, agame and at the latest within eight days of receipt of the notice, approaches the harmonization of documentation and operations according to the recommendations and submit the evidence thereon to the Commissioner.
When it comes to wholesale contracts Optima, HT is committed to for the duration of concentration will not terminate the Optima concluded with buyers of wholesale services including services lease of optical fiber (Eng. Dark fiber) would already mentioned agreements remained in force during the period in which they are concluded. Exceptions are contracts that could be prematurely terminated due to financial / economic reasons on which the HT agrees to inform agame the Commissioner and the Agency.
Also, the report of the Commissioner contains agame a list of contracts with Optima's wholesale customers at the inception of the concentration that is at the end of the second quarter of 2014, in which the data of the counterparty, the date of conclusion, the duration and name of the contract for the active contracts. agame
In accordance with the decision of the Agency, agame the Commissioner will monitor whether during the term concentration agame Optima favorable treatment with respect to the provision of wholesale services HT in relation to other operators present in the relevant market as well as participating