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CONCLUSIONS OF THE 36th
SESSION OF THE COUNCIL OF COMPETITION
SARAJEVO, 22 November 2006 - The Council of Competition in its 36th
session has adopted a Decision declaring a concentration,
constituted between STADA Arzneimittel AG, Stadastrasse 2-18, Bad
Vilbal, Federal Republic of Germany and Hemofarm a.d. Vršac,
Republic of Serbia - Hemofarm d.o.o. Banja Luka, Bosnia and
Herzegovina, compatible.
A company STADA Arzneimittel AG, Republic of Germany has submitted
to the Council of Competition a notification on intended
concentration by which it intends to acquire a control over the
Hemofarmom a.d. Vršac, Republic of Serbia and accordingly to acquire
a control over the Hemofarmom d.o.o. Banja Luka. Considering and
analyzing all relevant data the Council of Competition has
ascertained that the concentration in question shall not cause
distortion of competition rules in the market of specialized
pharmaceutical products in Bosnia and Herzegovina.
The Council of Competition has adopted a Decision by which it has
ordered to the Parliament of Banja Luka town to change its
Regulation on changes and amendments to the Regulation on graveyards
and funeral activities. The Council of Competition was submitted a
request from the undertaking "Flor" d.o.o. Čelinac, Gornji-Babići
for initiation of the proceedings against Parliament of Banja Luka
town for enabling one undertaking to carry on the transportation
services of dead persons and preparations of the dead persons for
burial within the territory of Banja Luka town. After the detailed
analysis of all data and facts during the decision making procedure
the Council of Competition has determined that Article 1 of the
Regulation on changes and amendments to the Regulation on graveyards
and funeral activities is to be amended or abolished in order to
enable other undertakings, dealing with the funeral activity, equal
access to the market of transport of dead persons and preparation
the funerals in Banja Luka territory.
Also, upon the joint notification on intended concentration
submitted by "MOL Hungarian Oil and Gas Plc.", Budapest, Republic of
Hungary and "INA-Industrija nafte (oil) d.d.", Zagreb, Republic of
Croatia, the Council of Competition has adopted a Resolution on
initiation of the assessment procedure of the concentration. The
named companies intend by means of the concentration to acquire a
control over the undertaking "Energopetrol d.d." Sarajevo, Bosnia
and Herzegovina. During the assessment procedure, the Council of
Concentration shall analyze all possible positive and negative
effects of the concentration concerned on the market of oil
derivatives and lubricants in Bosnia and Herzegovina.
At same time, the Resolution on initiation of the assessment
procedure of the concentration constituted between Fomento de
Construcciones y Contrata, S.A., Kingdom of Spain and Alpine
Mayreder Bau GmbH, Austria is adopted. The influence of the
concentration concerned on the market of Bosnia and Herzegovina is
acquired through the subsidiary associations: RMG d.o.o. Istočno
Sarajevo, Alpine Rudnik krečnjaka (Limestone mine) Lapišnica d.o.o.
Istočno Sarajevo, Alpine Investment do.o.o Sarajevo and Alpine BiH
GmbH Travnik.The Council of Competition shall carry out all legal
and economic analysis and pass a decision on the concentration in
question.
Upon request of the Public procurement Agency of Bosnia and
Herzegovina, the Council of Competition has expressed its opinion
that the telecommunication service market in Bosnia and Herzegovina
does not fulfill the conditions of the market competition in BiH and
therefore it can not be excluded from obligation of application of
the regulations of the Public procurement Law in BiH.
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