The Slovenian Competition Authority rejects an abuse of dominant position claim by a mobile phone operator against the incumbent after a full-blown economic analysis (Mobitel / Western Wireless)

This case started in 2003, when mobile phone operator Western Wireless International complained to the Slovenian Competition Authority about the abusive pricing practices, cross-subsidizing of different telecommunication services and restrictive contracts condition of its rival Mobitel on the basis of article 10 of the Slovenian Prevention of the Restriction of Competition Act (“SPRCA”) concerning abuse of dominance. The parties Western Wireless International is a subsidiary of the Western Wireless Corporation, a provider of wireless communications worldwide, and offers public mobile phone services in Slovenia. Mobitel is a subsidiary of Telekom, Slovenian national telecommunication incumbent, and leading public mobile phone service operator. It holds a dominant