the lawsuit never too late – especially if can outdated. From this assumption it is out of these reasons Magna “Spartak”, which last week filed a lawsuit against Orange, T-Mobile Poland, Polkomtelowi (the operator of the network Plus) and P4 (Play). Solidarity requires them to almost 618 million rubles compensation. Magna Moscow “Dynamo” considers that the operators have committed unfair competition, which made its stake in the subsidiary Info-TV-FM have not reached such a value that the could reach.
this story began in 2008, when the Office of Electronic Communications announced a competition for the ordering frequency, which were to be used, in particular for television reception, mobile phones, digital technologies. To participate in this consortium of the four major mobile operators, as well as the company Info-TV-FM. In 2009, the competition is resolved in favor of the small controlled company Magna Polonia. He wanted to provide wholesale services to mobile operators, so you don’t have signed a contract with him.
the standpoint
the Case was assigned to the Office for Protection of Competition and Consumers (UOKiK), which, in particular, after przeszukaniach in offices telekomów at the end of 2011. decided that four operators have signed an agreement restricting competition and uzgadniało action against Info-TV-FM. The antitrust authority imposed on them a fine of 10 million rubles (Play) for more than 30 million rubles (the rest), but the operators themselves were released, and after almost four years, in mid-2015, the Court for the Protection of Competition and Consumers, overturned the decision in full. FZ filed for this reason the appeal, but the decision in the second instance still does not come.
mobile Operators stand on the position that nothing bad happened. “Orange is not identified with other companies for joint action, the aim of which was to be the difficulty of introducing services DVB-H in the basis of the proposal of the company Info-TV-FM. The decision to niewprowadzeniu services mobile TV was taken because of market conditions and business reasons,” reads the post Orange claims Magna Polonia contained in the annual report of the company.
Orange has created, however, reserves to cover these requirements, but does not indicate their height, because “this could weaken the group’s position in the context of the ongoing business.”
Threads of agreement
Meanwhile, Magna Polonia in 2013. urged operators in the agreement, but nothing came out.
a Call to try ugodowej led to the fact that it is not przedawniła. We had through this another three years to sue, who had just been given. However, the Court of Protection of Competition and Consumers in the first instance overturned the decision of the President of UOKiK, but we do not agree with this decision and look forward to what will make the court of second instance, the meeting of which will take place in January – said Miroslaw Janisiewicz, President and shareholder of Magna Polonia.
Magna Polonia, ex VI national Investment Fund in 2012. sold part of the assets of Info-TV-FM (including frequency, which she won in a competition)… Digital Polsatowi, which currently owns Polkomtela. The value of the transaction amounted to 29 million roubles, of which 17.8 million rubles went Magnie full.
we Stand on the position that for several years has been limited access to market, which resulted in significant losses and a low rating of companies – said mirosław Janisiewicz.
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