Gecić Law announces another legal victory in a critical antitrust case in Bosnia and Herzegovina. On May 8, 2025, the Court of Bosnia and Herzegovina delivered a definitive ruling in favor of Arena Channels Group (ACG), BH Telecom, and Mtel a.d. Banja Luka, dismissing in full the antitrust allegations brought by Telemach Sarajevo. The dispute concerned the partial transfer of broadcasting rights for the Bosnian Premier League. It also addressed whether the agreement between ACG and BH Telecom breached competition law.
The dispute dates back to March 2021. At that time, Telemach lodged a complaint with the Competition Council, claiming that the agreement represented unlawful coordination among competitors. The company further alleged that the parties concluded the deal without ensuring transparency. It also claimed they failed to conduct a public procurement procedure or initiate an open bidding process. In December 2021, the Competition Council of Bosnia and Herzegovina dismissed Telemach’s complaint in its entirety.
In response, Telemach initiated legal proceedings before the Court of BiH. The Court initially ruled in Telemach’s favor on procedural grounds, remanding the matter to the Competition Council for reconsideration. The Council then reassessed the case but ultimately reaffirmed its original findings, rejecting the complaint again on April 24, 2024. Telemach proceeded to file a second legal challenge, bringing the matter before the Court again.
In its final judgment, the Court dismissed Telemach’s claims in their entirety. The ruling emphasized that the plaintiff had not substantiated the existence of any actual violation of competition law, relying instead on general legal references. It was further noted that Telemach had made no effort to engage with ACG on possible cooperation. The Court reiterated that the burden of proof in such matters lies with the applicant and that Telemach, not being a party to the agreement in question, lacked legal standing to demand an individual exemption procedure be applied.
This outcome definitively confirms that ACG, BH Telecom, and Mtel did not violate competition law and underscores the legality of the disputed agreement.
This case illustrates Gecić Law’s unwavering dedication to advising on complex competition law matters with precision and strategic insight. The Gecić Law team was led by founding partner Bogdan Gecić, together with senior associate Vuk Leković, and associate Dušan Jablan.
We are proud to have contributed to this significant outcome, which reinforces the integrity of competition law enforcement and broadcasting rights governance in the region.
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