Competition Authority Opens Deep Investigation of Vodafone Albania

In January of this year, initiated by a complaint filed near this institution, the Competition Commission opened the procedure for preliminary investigation into Vodafone Albania company, aimed at verifying the initial claims filed by Neofone Company.

Referenced to the competition analysis in the majority market terming international calls, according to the Competition Commission, it has resulted in Vodafone's implementation of uneven conditions for trade actions the same as the parties, placing them in unfavourable competitiveness.

For these reasons, the Competition Commission decided to open a deepening investigation procedure to

Vodafone Albania company. The terming market implies the tariffs that operators pay each other for conducting calls to respective networks.

A complaint filed at this institution last year by the Neofone Society, an operator authorised by AKEP for providing communications services from fixed networks, has been filed.

The conflict between Neofone and Vodafone Albania began in 2015, when Vodafone raised the fee for terminating international calls transited by the operator Neofone from $6.2 a minute to the value of $28 per minute. After Neofone rejected the new fee, Vodafone suspended access to the service he offered.

Since then, Neofone has launched a legal battle that has included complaints to the Electronic and Post Communications Authority (AKEP) and indictments at the Administrative Court.

The main object of complaints has been the obligation of AKEP to intervene in resolving disputes and to force Vodafone to negotiate a more reasonable fee.

But, in all cases, AKEP has rejected Neofone's complaints, arguing that Vodafone Albania does not have the status of an International Power operator in the Market (OFNT) for terminating international entry calls, and AKEP cannot force it to link access/interconnection agreement with a transit operator for terming these calls, nor to regulate the service fee, including in conflict solutions.

International Calls Market Adjusting Dilemma

Setting up international call termination market has raised discussions and dilemmas for KEEP in recent years. About a decade, The AKEP has removed this market from regulation, and the definition of tariffs can only be made in agreement among the operators involved.

Temporarily, in October 2018, the AKEP Steering Council restored the market to question. All three entrepreneurs Vodafone Albania, Telekom Albania and Albtelecom were declared O The FNT in the majority market terming international calls and relevant regulatory measures were imposed for the obligation of non-discrimination and the obligation of transparency.

But a month later, in November 2018, he decided to abolish the decision made and remove this market from regulation.

In this second decision, The AKEP set the start of the procedure for re-insisting analysis for the respective markets, as well as other markets in line with legislation in force, ensuring harmonisation and compliance with European Commission legislation.

At the conclusion of final market analysis conclusions in June 2020, AKEP confirmed the stance on the market's failure to define international calls. However, AKEP said it will keep an eye on this market, until conditions for the company of a new analysis are met. The AKEP's decision says that obtaining the cost model and, in turn, an efficient tax uniting mechanism will enable at the most appropriate moment a full regulatory analysis, in terms of terming international entry calls.

On this subject, The AKEP has not accepted recommendations from the Competition Authority that, among other things, required the AKEP to take measures to avoid subsidisation from revenues carried out in the market of terming international calls by Energy Operators in the retail market, applying tariffs under costs.

The Competition Authority argues that the international terming market must be adjusted, not allowing competition to distort other markets, including the retail market of mobile services.

So far, AKEP has not announced the conduct of a new market analysis, nor has the nearby company of new regulatory measures for the market terming international calls.

Under these conditions, Nefone has shifted the legal battle with Vodafone to the Competition Authority, demanding that this institution investigate its largest mobile operator for abuse of dominant positions, which has been accepted by this institution. / Monitor. al