Konkurencijsko vijeće Bosne i Hercegovine

CONCLUSIONS OF the 90TH SESSION OF THE COUNCIL OF COMPETITION

U SARAJEVO, on 16th July 2009, 90th session of the Council of Competition of Bosnia and Herzegovina was held. The following has been adopted:

Decision assessing a concentration as permitted in the market of providing services in the sector of telecommunications in Bosnia and Herzegovina to result from acquisition of control in the economic entity OTE MTS Holding B.V. Ltd. Amsterdam, Holland and indirectly in the economic entity Cosmofon Mobile Telecommunications Services a.d. Skopje, Skopje, Macedonia, by the economic entity Telekom Slovenije share-holding company Ljubljana, Republic of Slovenia, through purchase of 100% of the ownership portion. Through analysis of relevant data, the Council of Competition has, within the meaning of Article 17 of the Law on Competition, assessed that implementation of the intended concentration should lead to creation of dominant position of the parties to the concentration in the relevant market or prevent, restrict and distort market competition in the relevant market.

Decision assessing a concentration as permitted influencing the retail market of technical telecommunication products in the Republic of Srpska to result from acquisition of control through purchase of 100% shares in the economic entity Društvo za elektronsko – telekomunikacione materijale i usluge Germanos Telekom a.d., Macedonia by economic entity Telekom Slovenije, a share-holding company Ljubljanja, Republic of Slovenia. The Council of Competition has, through analysis of relevant data, identified that implementation of the concerned concentration should not consequently lead to creation of dominant position of the parties to the concentration in the relevant market or prevention, restriction and distortion of market competition.

Decision assessing a concentration as permitted in the retail market of consumption goods, food products, beverages and consumption goods for households in Bosnia and Herzegovina, to arise from leasehold of business premises of the economic entity „Super-Nova“ Ltd. Mostar, BiH, by economic entity Konzum, wholesale and retail trade Ltd. Sarajevo, BiH. The Council of Competition has, after assessment and analysis of data and facts within the meaning of Article 17 of the Law, within the procedure of issuing of the concerned Decision, defined that concentration of the two concerned economic entities should not prevent, restrict or distort market competition in the relevant market in Bosnia and Herzegovina.

Decision assessing a concentration as permitted influencing the electricity distribution market in Bosnia and Herzegovina to arise from acquisition of control in the economic entity Operatori i Sistemit te Shperndarjes Sh.a, Tirana, Republic of Albania, by economic entity Čez a.s., Prague, Checz Republic, through purchase of majority shares. The Council of Competition has, after assessment and analysis of data and identified facts, within the meaning of Article 17 of the Law on Competition, within the procedure of issuing of the Decision, assessed that implementation of the concentration in the relevant market should not have a direct influence on the electricity distribution market, and there should be no changes of market shares in the relevant market.

The Conclusion on relinquishment of the Letter of concentration intention by economic entity KIT BH Ltd., Sarajevo, BiH, was adopted for non-existence of obligation to submit the Concentration intention letter, within the meaning of Article 14 of the Law on Competition.

Opinion on Draft Decision on size, conditions and time schedule of opening the electricity market in Bosnia and Herzegovina was adopted, upon request of State Regulatory Commission for Electricity.

Opinion was adopted upon request of Raiffeisen Leasinga Ltd. Sarajevo, BiH, on assessment of concentration on acquisition of economic entity V-SPV Ltd. Sarajevo, to founding company Raiffeisen Leasing Ltd. Sarajevo.

From the Office of the Council of Competition of BiH

Dr. Stjepo Pranjić

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