Additionally, the Croatian Competition Agency (CCA) draw the attention of the Trustee to its duty to immediately inform the CCA about the decisions and actions of HT and Optima that could directly affect the viability and sucess of Optima’s operations, that in turn, as a party to the concentration, should with no delay, and before any steps are taken in the realization of any important project, to notify thereof the trustee, explaining the reasons for the proposed project, its long-term effects on the operation and viability of Optima in the case of realization of the proposed project in question, in order to avoid undercapitalization of Optima. This information must be submitted by the Trustee to the CCA in the form of an Extraordinary report with no delay.
The CCA points out that the reporting in this sense should in no way be understood as monitoring or control of the CCA over the management of Optima during the concentration but solely as the trustee’s and the CCA’s mandate to monitor the implementation of the remedies within the prescribed deadlines contained in all decisions taken by the CCA with respect to the duration of the conditionally approved concentration between HT and Optima and the merger of the latter with H1.
On 3 July 2019 the CCA informed the public on its official website that the Trustee Deloitte d.o.o. informed the CCA that within the prescribed time period under the decision of the CCA on conditionally compatible concentration Class: UP/I 034-03/2013-02/007, Reg. no.: 580-11/41-17-239, of 9 June 2017, Hrvatski Telekom d.d. submitted to the Trustee the documentation on the carried out preparation activities to divest OT-OPTIMA TELEKOM d.d. on 1 July 2019, in other words, that Hrvatski Telekom d.d. fulfilled its obligation in the time period specified under item III.2 line 3 of the CCA decision.
Regarding documentation submitted by HT and the steps that should be taken considering the preparation for the sale of Optima’s shares, the CCA ordered the Trustee to work out a report and submit it to the CCA within the meaning of item VI. of the decision under Class: UP/I 034-03/2013-02/007, Reg.no.: 580-11/41-17-239 of 9 June 2019.
Again, it must be noted that the above CCA comments relate to the HT’s preparatory steps in the sale of Optima’s shares in line with the before mentioned decision whereas HT is to start the divestment of Optima on 1 January – 31 January 2020.
The CCA will inform the public about the course of the procedure concerned on this website.