In February 2015 the Competition Protection Commission issued a statement of objection to Bulgarian Telecommunication Company EAD (BTC) for abuse of dominant position through the imposition of unfair trade conditions and discrimination against trade partners. BTC is the incumbent player in the fixed voice services market and the third mobile operator in Bulgaria.

Proceedings were commenced at the request of East Telecommunication Company EAD (ETC) after BTC unilaterally cancelled an agreement for termination of telecommunication networks.

In the first phase of its investigation, the commission found that the agreement had been cancelled on grounds which were under discussion between BTC and ETC. BTC cancelled the agreement unilaterally due to its market position, which allowed it to act unfairly towards its partners.

Further, the commission found that BTC had discriminated against ETC through the cancellation of the agreement. BTC had acted differently in similar cases of non-regulated traffic in the past. In addition, BTC had cancelled the agreement even though ETC had attempted to terminate the non-regulated traffic.

BTC has the right to oppose the statement of objection within 30 days, as well as the right to access the file and to be heard in an open hearing session.

For further information on this topic please contact Mariya Papazova at Advokatsko Druzhestvo Andreev Stoyanov & Tsekova in cooperation with Schönherr Rechtsanwälte GmbH by telephone (+359 2 933 1072) or email (m.papazova@schoenherr.bg). The Advokatsko Druzhestvo Andreev Stoyanov & Tsekova website can be accessed at www.schoenherr.eu.

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