Konkurencijsko vijeće Bosne i Hercegovine

CONCLUSIONS OF THE 70th SESSION OF THE COUNCIL OF COMPETITION

SARAJEVO - 24th July 2008 - At 70th session the Council of Competition has declared the concentration which shall be created in the market for cable distribution of radio and television programs in Banja Luka, Kotor Varoš and Čelinac municipalities through the achievement of 100% ownership in undertaking NETKOM društvo sa ograničenom odgovornošću za inženjering, usluge proizvodnje i trgovine (a limited responsibility company for consulting, production and trade services )Banja Luka, by undertaking ANEKS društvo za inženjering i konsultacije export-import ( a company for engineering and consulting export-import) Banja Luka, compatible . Taking into consideration all estimated and analyzed information, the Council of Competition assessed that this concentration should not change the market shares of the parties to the concentration due to the fact that ANEKS was not present in the BIH market for cable distribution of radio and television programs.

Also, the Council of Competition has approved the concentration which shall be created in the market for snack products in BIH through acquisition of 100% of ownership in undertaking Marbo d.o.o. Laktaši by undertaking Pepsico Investments (Europe) I B.V., Holland. After the analysis of all data and fact obtained during the decision making procedure, the Council of Competition assessed that this concentration should not distort a market competition and that it should not achieve a dominant position to any of the party to the concentration in the market for salted snacks in BIH.

The Council of Competition has assessed that concentration, which shall be created in the market for sale of computers and components in BIH between undertaking ASBISC Enterprises PLC, Cyprus and Megatrend d.o.o. za trgovinu i usluge (a company for trade and services) Sarajevo, is compatible. ASBISC Enterprises submitted to the Council of Competition a Notification of intended concentration by means of which it intended to purchase majority share in undertaking Megatrend d.o.o. Sarajevo. After the completed analysis, the Council of Competition assessed that this concentration should not change the market structure due to the fact that ASBISC Enterprises was not present until now in the market for sale of computers and components in BIH.

Also, the Council of Competition adopted a Decision declaring the concentration which should be created in the market for courier services (except the public postal service) in Bosnia and Herzegovina between GeoPost S.A., Paris, France and DPD d.o.o. za međunarodnu špediciju (a company for international freight transportation services) Sarajevo, Bosnia and Herzegovina, compatible. The Council of Competition received a Notification of intended concentration of the GeoPost by means of which it intended to buy majority ownership in undertaking DPD d.o.o. Sarajevo. After the analysis of the positive and negative effects of the concentration, the Council of Competition assessed the concentration compatible as it should not strengthen the dominant position in the market for courier services (except the public postal service) in Bosnia and Herzegovina.

Upon request of the undertaking Galant d.o.o. za zapošljavanje osoba sa invaliditetom (employment of invalid persons), Kiseljak, the Council of Competition has initiated a proceedings against undertaking ERKUL KOZMETIK, Istanbul, Turkey, in order to establish whether the market competition is restricted, prevented or distorted in the relevant market in BIH. Galant d.o.o. Kiseljak submitted to the Council of Competition a request for initiation of the proceedings against ERKUL KOZMETIK, Istanbul, for establishment whether the Act of competition was distorted. The Council of Competition shall investigate the possible distortion of the market competition and the Act on competition.

Upon the submitted request, the Council of Competition expressed two separate opinions regarding to the notification obligation of intended concentration, pursuant to the Act on competition.

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