Journal of Power, Politics & Governance

Dilemma of Intervention between Governments Agencies, Competition vs Telecommunication Regulatory the Case of Mobile Telephony in Albania how the Investigation Starts, Vodafone’s Requirements to Call off the Procedures, Lack of Commitment and the Final Decision, not Fined but Asked for Market Adjustment
Pajtim Melani

Abstract
Market playing rules can be compared to those of a soccer match in the sense that every wrong interference from a player worries the opponent but the foul punishment depends on the referee (in the case of competition the antitrust body). The referee can decide whether not to punish at all, give a yellow card or expel the player from the game with a red card. Foul could be that harsh as to expel the opponent from the match or worse take him off the possibility to ever play football again. (get him out of the market). A similar treatment is applied from the Competition Authorities especially to the abuse with the dominant position where the basic principle is Rule of Reason, in contrast to the cartels where the rule Perse is implemented. In football history there are some cases, not a few, when great teams have profited from the referee’s mistakes(e.x France during the qualification for the World Cup 2010 with Henry’s goal performed by hand) but no matter the endless discussion, it’s the referee the one who decides for that match. The federation’s decisions on the referee’s behaviour matters only to the referee not to the teams and their fate in the pitch any longer. Vodafone case is a similar one concluded by the Albanian Competition Commission with the Decision no.303/20142 but we have still the dilemma how and who will find a solution between competition and telecommunication regulatory agencies?!

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