Crnogorski Telekom, as part of the Deutsche Telekom Group, not only complies with Montenegrin regulations regarding competition protection but also aligns its operations with advanced EU practices across all segments, including rules and measures aimed at maintaining and promoting free market competition. This news was received with surprise by relevant positions within the Deutsche Telekom Group, especially given the way the procedure was conducted and the content of the decision, as stated by the company in a response sent to the media.
Both EU and domestic regulations prescribe in detail how the procedure should be conducted, which the Agency for Protection of Competition (AZZK) failed to follow in terms of gathering evidence and conducting any analysis, thereby providing legitimacy to the conclusion reached in the decision. Crnogorski Telekom informed its users that, starting from April 1, 2024, the minimum prepaid account top-up at kiosks and stores will be 5 euros, instead of the previous 4 euros. However, the minimum top-up through Telekom channels will remain 4 euros (on the website www.telekom.me, the Telekom ME app, Extra TV portal, postpaid2prepaid and payment machines in Telekom stores). The decision incorrectly interprets this clear formulation, suggesting that users are required to top-up their prepaid accounts with a minimum of 5 euros, which is not true, considering the alternative channels with more favorable conditions for customers, according to Crnogorski Telekom.
They emphasize that, despite the extensive documentation provided, which explains the economic logic in detail as well as the company’s multi-year plan for setting prepaid top-up limits for the mentioned sales points, the decision concludes that “these do not represent evidence or facts of importance.” This is an unprecedented case, considering the actions of relevant EU institutions responsible for competition protection, including previous procedures before competition protection agencies in the region, as well as before AZZK in Montenegro in similar cases.
In fact, the only evidence cited in the decision is the date of receipt of the notification sent to the Agency for Electronic Communications regarding the business decision, ignoring all arguments presented by Crnogorski Telekom without evaluating them, which they interpret as a superficial approach, taken to the extreme in this case.
Crnogorski Telekom will take legal action and hold those responsible accountable, including addressing relevant international bodies, for the reputational damage caused by the communication of an alleged “cartel agreement,” as concluded by AZZK at today’s press conference, without waiting for the outcome of any potential court proceedings.
They also believe that AZZK is trying to position itself as a relevant actor in Montenegro’s EU accession process but overlooks the fact that EU standards require both statistical indicators and the substance of actions, which will be communicated to these bodies. Finally, they promise the public and all interested parties that they will use all available institutional mechanisms to protect the company, and the society, from the superficial actions of certain institutions, whose activities should exemplify responsible conduct and alignment with European standards, concluded Crnogorski Telekom.
