Konkurencijsko vijeće Bosne i Hercegovine

CONCLUSIONS OF THE 76TH SESSION OF THE COUNCIL OF COMPETITION

SARAJEVO, 20 November 2008- At 76th session , the Council of Competition adopted a Decision , upon request of Novo Nordisk A/S Agency , Sarajevo against Health Insurance Institute of Sarajevo Canton(Institute) , where stated that changes in the Decision on List of medicines prescribed the burden to the Institute , issued by Institute, limited and controled the market competition in the service market for prescription of medicines the burden to the Institute fund.
Naimely, the Applicant stated in the request that Institute, by means of its act of 05May2008, took off three medicines of the Applicant from the List of medicines prescribed the burden to the Institute funds and informed about that the Applicant and other contracted pharmacies( who stopped prescription of medicines to insured persons the burden to the Institute funds).
Competition Council deems that this act of the Institute , from the aspect of regulations on the protection of market competition, distorts the market competition

In that sense, the Competition Council ordered the Institute to change the act within 8 days of the receipt of decision and allow Novo Nordisk A/S and all other producers of medicines, whose medicines are on the valid List of medicines, to prescribe medicines burden to Institute funds to .
Also, because of limitation and control of market competition, the Competition Council imposed a fine to Health Insurance Institute ,Sarajevo Canton in the amount of 50000.00 KM and responsible person, director of the Institute, Mahmut Đapo the amount of KM 15000.00.
The Council of Competition assessed that concentration which shall be created in the market for wholesale and retail trade in oil and oil derivatives in Bosnia and Herzegovina through achieving control by MOL Hungarian Oil and Gas Plc, Hungary over INA industrija nafte d.d. Zagreb, Croatia.
The concentration is exterritorial concentration that has an impact on the market of wholesale and retail trade in oil and oil derivatives in Bosnia and Herzegovina through subsidijary companies of the parties to the concentration: INA BH dd Sarajevo, Interina Ltd. Mostar, Holdina Ltd. Sarajevo, Energopetrol dd Sarajevo, Krajinapetrol Ltd. Banja Luka, CROSCO International Ltd. Tuzla and TGA Ltd. Stolac.

Estimating and analyzing all data and facts established in the Decision making procedure, the Competition Council assessed that this concentration will not distort the existing market competition due to the fact that MOL indirectly, through the INA, controls the connected economic entities in Bosnia and Herzegovina and that implementation of the concentration will not significantly change the market position on the relevant market of wholesale and retail trade in oil and oil derivatives in Bosnia and Herzegovina.

Also, the Competition Council adopted a decision declaring the concentration, that will be created in market of retail trade in groceries and wide range of goods and products for household consumption in Republic of Srpska, through acquisition of control over the business subject Robna kuća (department store )"Boska" Banja Luka by the Consortium Delta Real Estate - Zekstra Group-Zekstra "Belgrade, compatible .
Namely, the Competition Council received the Notification of intent concentration , submitted by the Consortium Delta Real Estate - Zekstra Group-Zekstra Belgrade, which intends to become the majority owner of Robna kuća (Department Stores )"Boska" Banja Luka.
After the analysis of positive and negative effects of the concentration, Competition Council assessed that the implementation of the concentration will not distort the existing market competition due to the fact that this concentration will not lead to creation of dominant position of the parties to the concentration in the relevant market of retail trade in groceries and wide range of goods and products for household consumption in Republic of Srpska.

Competition Council assessed the concentration, that will be created in the market for providing facilities cleaning services on the territory of Bosnia and Herzegovina through gaining control over the economic entity ECO Service Ltd. Sarajevo by the economic entity ISS Global A / S, Copenhagen, Denmark, compatible . Competition Council analyzed the data and facts in the decision making procedure, and assessed that this concentration will not lead to distortion of market competition in the market for providing facilities cleaning services in BiH.

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