Konkurencijsko vijeće Bosne i Hercegovine

CONCLUSIONS OF the 91ST SESSION OF THE COUNCIL OF COMPETITION

In SAARJEVO, on 21st July 2009, the 91st session of the Council of Competition was held and the following had been adopted:

- Decision declaring a concentration compatible to have impact on market of electricity production in Bosnia and Herzegovina through purchase of 100% ownership share in the economic entity Sakarya Elektrik Dagitim A.Ş. Orhangazi Caddesi, Trafo Istasyonu, Maltepe Mahallesi/Adapazari, the Republic of Turkey by the economic entity Akcez Enerji Yatirimlari Sanayi Ve Ticaret Anonim Şirketi, Miralay Şefik Bey Sokak Ak-HAN, Istanbul, the Republic of Turkey. The Council of Competition had, followed by assessment and analysis of defined data and prevailing facts, within the meaning of Article 17 of the Law, decided that implementation of the concentration in the relevant market should not have any direct impact on the market of electricity production or changes in market shares in the relevant market because it did not create or strengthen dominant position.

- Decision declaring a concentration compatible in the market of mixed goods, food stuff, beverages, and consumption goods retail for households in Bosnia and Herzegovina to arise from long-term leasehold of business premises of the economic entity „Dujmović Commerce“ d.o.o. Mostar by the economic entity „Konzum“ wholesale and retail Ltd. Sarajevo. The Council of Competition had, followed by assessment and analysis of data and facts, within the meaning of Article 17 of the Law, decided within the procedure of the Decision issuing that the concentration of the concerned economic entities did not prevent, restrict or distort market competition in the market of trade of mixed goods, food stuff, beverages and consumption goods for households in Bosnia and Herzegovina.

- Decision declaring a concentration compatible impacting on market of electricity production in Bosnia and Herzegovina to arise from joint venture on long-term basis of the economic entity ČEZ Bohunice a.s., Prague, the Czech Republic and the economic entity Jadrova a vyrad'ovacia spoločnost' a.s., Bratislava, Slovakia, through establishment of the economic entity which would operate as an independent economic entity. However, in this case the Council of Competition decided that the concerned concentration would not have any negative impact in the relevant market of Bosnia and Herzegovina.

- Decision declaring a concentration compatible in the market of tobacco products wholesale in Bosnia and Herzegovina to arise from control acquisition by the economic entity FABRIKA DUHANA SARAJEVO share-holding company Sarajevo over the economic entity UNIVERZALPROMET shareholding company Tuzla through purchase of majority shares. Upon analysis of the relevant data and facts, the Council of Competition identified that implementation of the concerned concentration should not consequently prevent, restrict or distort present competition in the relevant market in Bosnia and Herzegovina.

- Decision declaring a concentration compatible impacting on the market of electricity production in Bosnia and Herzegovina to arise from control acquisition of the economic entity Blitz F09-acht GmbH, Frankfurt am Meine, the Federal Republic of Germany in economic entity MIBRAG B.V., Amstelveen, Kingdom of the Netherlands through purchase of 100% ownership share. The Council of Competition had, followed by assessment and analysis of data and identified facts, within the meaning of Article 17 of the Law, in the procedure of the Decision issuing, decided it was exterritorial concentration and its implementation in the relevant market of Bosnia and Herzegovina would not have direct impact in the market of electricity production thereby negative preconditions for the competition distortion are not created.

- Decision rejecting the Request of the Association of independent entrepreneurs Olovo against the Government of the Federation of BiH for identification of existence of restricted agreements as defined in Article 4 of the Law on Competition as legally groundless.

- Decision declaring a concentration compatible in the real-estate market in Bosnia and Herzegovina to arise from control acquisition by the economic entity MPC Properties International B.V. Oslo, Rotterdam, Holland, over economic entity Consultants Ltd. Sarajevo through purchase of 100% share in basic capital. Through analysis of data and facts, the Council of Competition decided that implementation of the concerned concentration should not lead to prevention, restriction or distortion of market competition in the relevant market of Bosnia and Herzegovina.

- Decision on imposing fine to the Ministry of Transport of the Sarajevo in the amount of 50,000 KM for non-implementation of item II (2) of the Decision of the Council of Competition No. 01-01-26-172/05. Under this Decision, the fine in the amount of 15,000 KM is imposed to the responsible person Mihajlo Krmpotić, the Minister of the Ministry of Transport of the Sarajevo Canton for non-implementation of liabilities from the stated Decision.

From the Office of the President of the Council of Competition Dr. Stjepo Pranjić

Webmastering: Samir Bekto