Konkurencijsko vijeće Bosne i Hercegovine

CONCLUSIONS OF the 83RD AND 84TH SESSION OF THE COUNCIL OF COMPETITION

In Sarajevo, in February 2009, 83rd and 84th sessions of the Council of Competition of Bosnia and Herzegovina were held. The following have been achieved:

- The Council of Competition assessed a concentration compatible in the market of internet services (dial up and broadband internet) in the regions of Banja Luka and Prijedor to result from acquisition of control through purchase of basic assets in the economic entity Ki systems – Computer engineering Ltd Prijedor by the economic entity Aneks – company for engineering and consulting, export – import Banja Luka. Namely, the Council of Competition received a concentration intention application from the economic entity Aneks, through which it intended to acquire control over basic assets of the economic entity Ki systems – Computer engineering referring to providing internet services. After the analyses had been carried out on positive and negative effects of the concentration in the relevant market, the Council of Competition assessed that there would be no creation of dominant position by the parties to concentration in the relevant market, considering that the economic entity Aneks along with its affiliated undertakings, so far, was not present in the region of Prijedor and therefore, there would be no substantial changes in the market share. Thereby the concerned concentration does not restrict, prevent or distort the market competition in the regions of Banja Luka and Prijedor. Because of submission of incorrect and wrong data, the Council of Competition imposed a fine to the economic entity Aneks in the amount of 15,000.00 KM and Mr. Nebojsa Antonijevic in the amount of 5,000.00 KM.

- The Council of Competition adopted a Decision on compatibility of concentration in the market of retail trade of mixed goods, food products, beverages and consumer goods for households in BiH emerging from the Contract on business cooperation between economic entities Tomasevic Ltd Istocno Sarajevo, and Konzum Ltd. Sarajevo. Namely, through the stated Contract, Konzum takes in the long-term lease 3 business premises of the economic entity Tomasevic placed at Lukavica, Pale and Foca, as well as trading equipment and machines. After legal and economic analyses carried out in details, the Council of Competition determined there would be no prevention, restriction or distortion of market competition in the relevant market considering that concerned concentration would not significantly increase the market share of the parties to the concentration.

- A Decision was issued on compatibility of concentration in the market of container transport services of different goods to Bosnia and Herzegovina emerging from acquisition of control of one economic entity (Hamburgishche Seefahrtsbeteilung „Albert Ballin“ GmbH & Co. KG, Hamburg, Germany) over another economic entity („Hapag Lloyd Aktiengesellschaft“ Hamburg, Germany), through purchase of its majority shares. Through analysis of data, especially the structure of the relevant market, the Council has determined that, within the meaning of Article 17 of the law on Competition, the concerned concentration cannot have as a consequence prevention, restriction or distortion of competition in the relevant market of services of container transport on the territory of Bosnia and Herzegovina.

- The Proposal of Conclusion was adopted on initiation of procedure under the Request for initiation of procedure of the economic entity MHS, company for trade and services, Ltd. Sarajevo against the economic entity Public Enterprise BH Posta, for determination of abuse of dominant position within the meaning of Article 10 of the Law on Competition.

President
Ibrica Lakišic

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