Konkurencijsko vijeće Bosne i Hercegovine

CONCLUSIONS OF the 89TH SESSION OF THE COUNCIL OF COMPETITION

IN SARAJEVO, on 4th of June 2009, 89th session of the Council of Competition was held and following has been achieved:

The concentration in the market of food staff wholesale (sugar, food oil, fat and rice) in Bosnia and Herzegovina to result from acquisition of joint control of economic entity „Agrana Zucker GmbH“ Vienna, Austria, and economic entity „Studen & Co Holding GmbH“, Vienna, Austria, over economic entity „AGRAGOLD“ Ltd. Brčko District, Bosnia and Herzegovina, through purchase of share in stock capital has been assessed as permitted. As the ownership structure is only subject to changes regarding the concerned concentration, and there are no changes in market shares in the relevant market, the Council of Competition of BiH, when carrying out the procedure, has analyzed and assessed all relevant data and facts, and thereof, within the meaning of Article 17 of the Law on Competition, has assessed that implementation of the concerned concentration should not lead to prevention, restriction or distortion of competition.

The Request by economic entity MHS Company for Trade and Services Ltd. Sarajevo for identification of abuse of dominant position of economic entity Public Enterprise BH Posta was rejected as groundless. The Council of Competition determined that economic entity Public Enterprise BH Posta Ltd. Sarajevo acts in the capacity of public postal operator and performs services of specific social interest within the meaning of provisions of the Law on Postal Traffic of Bosnia and Herzegovina. In the procedure, the Council of Competition determined that economic entity Public Enterprise BH Posta Ltd. Sarajevo has a dominant position in the relevant market of Bosnia and Herzegovina which was founded by the Law on Postal Traffic of Bosnia and Herzegovina, as well as it, through its business activities, had not prevent, restrict or distort business activities of MHS Ltd. Sarajevo meaning it had not abuse dominant position through restriction of production, market or technical development to the disadvantage of consumers in Bosnia and Herzegovina.

The concentration in the market of retail of mixed goods in specialized stores in Bosnia and Herzegovina to acquire from acquisition of control in the economic entity share-holding company for internal and external trade OPRESA, Sarajevo by economic entity ADRIS GRUPA Share-holding company for managing and investing, Rovinj, Republic of Croatia, through purchasing of regular shares has been assessed as permissible. Through analysis of relevant data, the Council of Competition assessed that, within the meaning of Article 17 of the Law on Competition, implementation of the concerned concentration should not lead to creation of dominant position of the parties to the concentration in the relevant market, and it should not prevent, restrict or distort market competition since there will be no significant increase of market share in the relevant market.

The concentration in the market of banking services in Bosnia and Herzegovina to result from acquisition of control in economic entity Postbank BH, Poštanska banka Bosne i Hercegovine, share-holding company, Sarajevo, by economic entity Poteza Adriatic Fund B.V., Amsterdam, Holland through purchasing of majority shares has been assessed as permitted. In the procedure of issuing the concerned Decision, the Council of Competition has assessed that implementation of the concerned concentration should not lead to significant increase in market shares of the parties to the concentration, and therefore it should not lead towards prevention, restriction or distortion of market competition in the relevant market of banking services in Bosnia and Herzegovina.

The concentration in the market of air-transport of passengers, Sarajevo-Vienna, Vienna-Sarajevo, in Bosnia and Herzegovina to result from acquisition of control of economic entity „Deutche Lufthansa Aktiengesellscaft“, Koln, Germany, over economic entity „Austrian Airlines Aktiengesellscaft“, Vienna, Austria, through acquisition of majority votes has been assessed as permitted. The Council of Competition, through data analysis, within the meaning of criteria as prescribed by Article 17 of the Law, especially the structure of relevant market, market shares of the parties to the concentration, assessed that the concerned concentration could not consequently prevent, restrict or distort market competition in the relevant market of performing services of air-transport of passengers at the stated route.

Conclusion has been adopted on canceling the procedure initiated by the Conclusion of the Council of Competition No: 01-01-26-046-6-II/08 dated 05.12.2008, upon Request for initiation of procedure of the economic entity Intrade Pharm Ltd. Sarajevo against economic entities Novo Nordisk A/S, Regional office in BiH, Sarajevo and Medimpex Hrasno, Sarajevo, BiH for identification of forbidden agreements as defined by Article 4 of the Law on competition for relinquishing from the Request.

Conclusion has been adopted on ex-oficio initiation of procedure against the undertaking Public Enterprise Šumsko privredno društvo Zeničko-dobojskog kantona Ltd. Zavidovići for identification of existence of prohibited agreement as defined by Article 4 of the Law on Competition.

Opinion has been adopted upon Request of economic entity „Merkur“ share-holding company Sarajevo on mandatory submission of concentration intention letter.

From the Office of the President of the Council of Competition of Bosnia and Herzegovina

Dr. Stjepo Pranjić

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