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CONCLUSIONS OF the 87TH
SESSION OF THE COUNCIL OF COMPETITION
In Sarajevo, on 23rd April 2009, 87th session of the Council of Competition of Bosnia and Herzegovina was held. The following was adopted:
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Decision assessing concentration as compatible in the market of construction engineering in the Republic of Srpska which aroused from purchase of majority shares in the economic entity Construction company Jedinstvo a.d. Gradiska, Patrijarha Gavrila Drzica 56, Gradiska, by the economic entity Integral inzenjering a.d. Laktaši, engineering-trade-export-import, Majke Jugovica bb, Laktasi. The Council of Competition has assessed, through analysis of the relevant data, within the meaning of Article 17 of the Law, that implementation of the concerned concentration would not lead to creation of dominant position of the parties to the concentration in the relevant market and it would not prevent, restrict or distort market competition. Since the letter on concentration intention was not submitted within the deadline prescribed by the Law on Competition, economic entity Integral engineering was fined in the amount of 260,000.00 KM.
- Proposal of the Conclusion has been adopted on deadline extension for issuing Decision to determine prohibited agreement. Namely, in the procedure that is carried out before the Council of Competition upon Conclusion on initiation of procedure dated 27.01.2009, under Request for procedure initiation of the Association of independent entrepreneurs Olovo against the Government of the Federation of BiH for determination of prohibited agreement within the meaning of Article 4 of the Law on Competition. The deadline for issuing a final decision shall be extended to additional three months. Since it is about a sensitive market in a commercial branch, the Council of Competition assessed it was necessary to carry out additional analysis and assessment of all relevant evidence for determination of the factual position.
- Decision was adopted on rejection of the Request to postpone execution of item 2 of the Dispositive of the Decision of the Council of Competition dated 16.03.2009 submitted by economic entity AMKO KOMERC Ltd. Sarajevo, Kolodvorska 12, BiH and economic entity VINO ŽUPA a.d. Aleksandrovac, Krusevacka br. 36, Aleksandrovac, Republika Srbija, as groundless. However, within the submitted Request, the plaintiff requested for postponing of item 2 execution of Dispositive of the Decision through which the plaintiff was fined in the amount of 110,000.00 KM until final decision is issued by the Court of Bosnia and Herzegovina since it considers execution of the Decision in denial could impose damage being difficult to correct, and that postponing is not contrary to public interest or it can cause damage being difficult to compensate for opposite party. When deciding on the concerned Request, the Council of Competition took into account that maximum financial fine prescribed by Article 49 of the Law on Competition may be 1.0% of the overall income the plaintiff achieved in 2007, and thereby it cannot have negative influence on the plaintiff's business activities.
From the Office of the President of the Council of Competition
Dr. Stjepo Pranjić
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