Konkurencijsko vijeće Bosne i Hercegovine

CONCLUSIONS OF THE 61st SESSION OF THE COUNCIL OF COMPETITION

SARAJEVO, 19 February 2008 - On its 61 st session the council of Competition declared the concentration which will be created in the market for constructing materials (mortar for engine plastering and glues) in Bosnia and Herzegovina between undertakings Wietersdorfer Baustoffe Beteiligungs GmbH, Austria and House Milos export-import d.o.o., Bosnia and Herzegovina, as compatible. The Council of Competition received a joint Notification of intended concentration between House Milos and Wietersdorfer Baustoffe Beteiligungs. They intend through joint investments on long-term basis to found an independent association with limited responsibility for production of mortars for engine plastering and glues. The Agreement on foundation of new undertaking W&P Milos d.o.o. Sarajevo stipulates that Wietersdorfer Baustoffe Beteiligungs GmbH shall invest 90% of the shares capital and House Milos export-import d.o.o shall invest 10% of the shares capital. Considering all facts and data, the Council of Competition establishes that concentration concerned does not prevent, restrict or distort market competition in the market for constructing materials (mortar for engine plastering and glues) in Bosnia and Herzegovina.

The Council of Competition approved a concentration which will be created in the market for sale of espresso coffee in Bosnia and Herzegovina through acquisition of majority shares in Grupa espresso d.o.o. Ljubuški by Julius Meinl Industrieholding GmbH, Austria. The Council of Competition ascertains that implementation of this concentration will not distort market competition in the market for sale of espresso coffee in Bosnia and Herzegovina as Julius Meinl Industrieholding has no business activities in the market of Bosnia and Herzegovina and that market shares of the parties to the concentration will remain unchanged.

Also, the Council has adopted a Resolution by means of which a Notification of intended concentration of undertaking Heineken CEE Investments B.V., Holland (Heineken) is rejected, considering the regulations of the Act on concentration relating to obligatory conditions for notification of a concentration. Heineken has submitted to the Council of Competition a Notification of intended concentration by means of which it intends to become 100% owner of undertaking Brauerei MB, Serbia (which is 100% owned by Pivara MB d.o.o. Novi Sad). After the analysis of all data the Council of Competition establishes that Heineken is not obliged to notify a concentration relating to conditions stipulated in the Act on competition (no party to the concentration is registered in Bosnia and Herzegovina).

A concentration which will be created between undertakings Kelly Gesellschafft mbH, Austria and Intersnack International B.V., Holland in the market for durable salted pastry in Bosnia and Herzegovina is adopted. Intersnack International submitted to the Council of Competition a Notification of intended concentration by which it intends to acquire majority control over Kelly Gesellschafft on the basis o fan Agreement on sale and assignment of share concluded between these two companies. This concentration has influence in the market of Bosnia and Herzegovina through undertaking Kelly South East Europe d.o.o. Zavidovići, a subsidiary association of the company Kelly Gesellschafft in Bosnia and Herzegovina. The Council of Competition ascertains that this concentration will not extremely change market shares of the parties to the concentration and that this concentration will not distort market competition in the market for durable salted pastry in Bosnia and Herzegovina.

Upon request of undertakings, the Council of Competition adopted two separate opinions relating to obligatory notification of the concentration to the Council of Competition pursuant to the Act o competition.

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