Konkurencijsko vijeće Bosne i Hercegovine

CONCLUSIONS OF THE 48TH SESSION OF THE COUNCIL OF COMPETITION

Sarajevo, 20 July 2007 - On its 48th session the Council of Competition has adopted a Decision upon the notification on intended concentration created between undertakings “Mljekare" a.d. Banja Luka and "Mlijekoprodukt" d.o.o. Kozarska Dubica.

Namely, the undertaking "Mljekare" a.d. Banja Luka submitted a Notification on intended concentration to the Council of Competition by means of which it intends to achieve a control over the undertaking “Mlijekoprodukt" d.o.o. Kozarska Dubica. The detailed legal and economic analysis performed by the Council of Competition shows that the implementation of the concentration concerned will not have negative effects on the relevant market but it will strengthen the market competition in the market for dairy products and milk production in Bosnia and Herzegovina.

As the Notification was not submitted within the legally specified time period, the Council of Competition imposed a fine in amount of 10.000 KM to "Mljekare" a.d. Banja Luka.

At the same session the Council of Competition adopted a Decision upon request of 15 Pharmacies against Health Insurance Institute of Sarajevo Canton and Assembly of Sarajevo Canton where it was concluded that Assembly of Sarajevo Canton by means of its Decision on adoption of Network of pharmaceutical activities / pharmacies in Sarajevo Canton prevents ,restricts and distorts the market competition in the service market for prescription drugs for insured persons falling within the burden on funds of the Institute in Sarajevo Canton area, pursuant to the stipulations of the Act on competition. From the aspect of regulations on protection of market competition, the above mentioned Decision restricts the free market entry making the legal and administrative barriers relied on restriction of number of pharmacies where the buyers can realize their right to get prescribed medicines falling within the burden on funds of the Institute.

Therefore, the Assembly of Sarajevo Canton is ordered to change the Decision on adoption of Network of pharmaceutical activities-pharmacies in Sarajevo Canton in the way to allow all pharmacies registered for prescription medicines to insured persons falling within the burden on funds of the Institute.

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