Delta sues anti-corruption council head

Delta Holding has pressed criminal charges against Anti-Corruption Council Chairwoman Verica Barac. Delta filed the complaint yesterday against Barac with the public prosecution at the Second District Court, accusing her of abuse of authority, said company lawyer Goran Draganic. Delta sues anti-corruption council head “Barac has publicly issued a series of untruths and inaccurate generalizations bereft of any proof or legal grounds, and has overstepped the limits of her authority, thus bringing untold harm to Delta. With her sweeping generalizations, she has instigated a negative media campaign against Serbia’s biggest private company,” Draganic told daily Vecernje Novosti. He said that the prosecution should establish whether Barac had acted within her mandate, or had rather overstepped and seriously abused her position. “She expressed the Council’s view publicly, which is entirely without any legal grounds. And, as Council president, she is exerting unjustified public pressure on the Competition Commission both in the C Market case, and in Delta’s presence on the market,” added Draganic. In the lawyer’s opinion, the Council’s first instance ruling was an arbitrary, generalized evaluation that Delta’s presence on the market exceeded 40 percent, and was not substantiated by any relevant documentation. “That’s why the ruling has been passed to the Supreme Court. Such claims require serious market analysis. The Chamber of Commerce undertook to do this, and in its report, rejected the Commission’s allegations. "The Commission will now decide again, but Barac has been making lots of public appearances, has been accusing Delta of monopolism, has been saying that the company has been abusing its monopolist position, all in the absence of a single argument. In this manner, she’s been inflaming public opinion and is exerting pressure on the Commission, which in turn leads to legal uncertainty,” said Draganic. “Even the law states that you can have market share of over 40 percent, without having a dominating influence. Only abuse of a dominant position can be penalized,” he added. The lawyer stressed that Delta worked in line with the law, and that it was “obvious that a media campaign was being led against the company founded on inaccurate information and tendentiously placed disinformation.” Verica Barac (FoNet, archive) Bubalo: No monopoly Trade and Services Minister Predrag Bubalo said on Monday that Serbia needed big companies and regional economic leaders, such as Delta Holdings. “Serbia needs a regional economic leader, and being dominant on the market doesn’t necessarily mean you’re a monopolist,” Bubalo said at a regional conference on consumer protection, analyzing the opening of the Delta City shopping precinct. The minister stated that Delta City was a real estate business, and denied that all the boutiques and brand names in the center were under the same ownership, saying that each company was present in its own right. He said that the Competition Commission was responsible for monopolies, and that it would determine whether or not one existed in Serbia. “I’m not prepared to claim or stand on the side of anyone who makes arbitrary judgments that a monopoly exists,” said Bubalo. If a monopoly does exist, it is up to the Commission to decide in a professional manner, something that requires, according to the minister, a large amount of data, and not just someone’s arbitrary impression. “The Commission is an independent body elected by parliament, and neither the government or ministries can interfere in its work,” he said.

Delta sues anti-corruption council head

“Barać has publicly issued a series of untruths and inaccurate generalizations bereft of any proof or legal grounds, and has overstepped the limits of her authority, thus bringing untold harm to Delta. With her sweeping generalizations, she has instigated a negative media campaign against Serbia’s biggest private company,” Draganić told daily Večernje Novosti.

He said that the prosecution should establish whether Barać had acted within her mandate, or had rather overstepped and seriously abused her position.

“She expressed the Council’s view publicly, which is entirely without any legal grounds. And, as Council president, she is exerting unjustified public pressure on the Competition Commission both in the C Market case, and in Delta’s presence on the market,” added Draganić.

In the lawyer’s opinion, the Council’s first instance ruling was an arbitrary, generalized evaluation that Delta’s presence on the market exceeded 40 percent, and was not substantiated by any relevant documentation.

“That’s why the ruling has been passed to the Supreme Court. Such claims require serious market analysis. The Chamber of Commerce undertook to do this, and in its report, rejected the Commission’s allegations.

"The Commission will now decide again, but Barać has been making lots of public appearances, has been accusing Delta of monopolism, has been saying that the company has been abusing its monopolist position, all in the absence of a single argument. In this manner, she’s been inflaming public opinion and is exerting pressure on the Commission, which in turn leads to legal uncertainty,” said Draganić.

“Even the law states that you can have market share of over 40 percent, without having a dominating influence. Only abuse of a dominant position can be penalized,” he added.

The lawyer stressed that Delta worked in line with the law, and that it was “obvious that a media campaign was being led against the company founded on inaccurate information and tendentiously placed disinformation.”

Bubalo: No monopoly

Trade and Services Minister Predrag Bubalo said on Monday that Serbia needed big companies and regional economic leaders, such as Delta Holdings.

“Serbia needs a regional economic leader, and being dominant on the market doesn’t necessarily mean you’re a monopolist,” Bubalo said at a regional conference on consumer protection, analyzing the opening of the Delta City shopping precinct.

The minister stated that Delta City was a real estate business, and denied that all the boutiques and brand names in the center were under the same ownership, saying that each company was present in its own right.

He said that the Competition Commission was responsible for monopolies, and that it would determine whether or not one existed in Serbia.

“I’m not prepared to claim or stand on the side of anyone who makes arbitrary judgments that a monopoly exists,” said Bubalo.

If a monopoly does exist, it is up to the Commission to decide in a professional manner, something that requires, according to the minister, a large amount of data, and not just someone’s arbitrary impression.

“The Commission is an independent body elected by parliament, and neither the government or ministries can interfere in its work,” he said.