PRESS RELEASE 4th SESSION OF THE COMPETITION COUNCIL OF BiH

The fourth session of the Competition Council of Bosnia and Herzegovina was held in Sarajevo on 7 June 2017, with the following adopted:
Decision determining that the Government of the Tuzla Canton with the Decision on the positive list of medicinal products number: 02 / 1-37-003419 of 03.03.2015. and 02 / 1-37-23485 / 15 od 29.10.2015. restricts, limits and distorts market competition in the market of admission of medicinal products to the positive list of medicines prescribed and issued by insured persons charged by the Health Insurance Institute of Tuzla Canton, by limiting and controlling the market which is a prohibited agreement within the meaning of Article 4, paragraph 1, item b) of the Law on Competition. By the Decision, the above decisions are null and void within the meaning of the Law on Competition. Also, the Government of the Tuzla Canton was ordered to allow all participants in the relevant market to place medicines on a positive list of medicines that are prescribed and issued to insured persons charged by the Health Insurance Institute of the Tuzla Canton under equal conditions, including medicines of the undertaking Unifarm d.o.o. Lukavac:

- Pantoprazol 20 mg (Pandev 28×20 mg, Deva Holding A.S.)
- Pantoprazol 40 mg (Pandev 14×40, Deva Holding A.S.)
- Salmeterol/flutikazon 25+50 mcg (Respiro 25/50 mcg Deva Holding A.S.)
- Salmeterol/flutikazon 25+125 mcg (Respiro 25/125 mcg Deva Holding A.S.)
- Salmeterol/flutikazon 25+250 mcg (Respiro 25/125 mcg Deva Holding A.S.)
- Cefeksim 100 mg/5 ml (Neocef 100mg/5 ml Laboratories Atral)

The Government of the Tuzla Canton has been ordered to submit the evidence on the execution within a period of 30 (thirty days) from the date of receipt of the Decision.

The request was also rejected by the undertaking Unifarm d.o.o. Lukavac for establishing the prohibited agreement referred to in Article 4, paragraph (1), items a), c), d) and e) of the Law on Competition.

On this occasion, the Council of Competition imposed a fine on the Government of the Tuzla Canton in the amount of KM 19,000.00 pursuant to Article 48, paragraph 1, item a) of the Law on Competition.

Decision declaring concentration allowed in the market for the provision of non-life insurance services in Bosnia and Herzegovina, resulting from the acquisition of control of the undertaking Grazer Wechselseitige Versicherung AG, Graz, Austria, by purchasing more than 95% of the shares of the VGT Insurance Company Visoko , Bosnia and Herzegovina.

Decision rejecting the Claim filed by the Association of Representatives of Foreign Drug Producers in BiH, against the Government of Canton Sarajevo, in order to determine the existence of a prohibited agreement within the meaning of Article 4, paragraph (1), items b) and d) of the Law on Competition, as unfounded. The decision also rejects the proposal for the adoption of a decision on provisional measures, submitted by the Association of Representatives of Foreign Drug Producers in BiH filed against the Government of Sarajevo Canton as unfounded.

Decision rejecting the Claim of the undertaking Kim Tec Eko d.o.o. Knight, filed against the Federal Ministry of Environment and Tourism of Sarajevo for the purpose of establishing a prohibited agreement within the meaning of Article 4, paragraph (1), item b) of the Law on Competition , as unfounded. The Decision imposed a fine on the undertaking Kim Tec Eko d.o.o. Knight, in the amount of KM 1,000.00, within the meaning of Article 49, paragraph (1), item a) of the Law on Competition.

Conclusion that initiated the procedure on the request of the undertaking Telemach d.o.o. Sarajevo filed by the lawyer Nihad Sijerčić from Sarajevo against the undertaking BABIĆ d.o.o., Jablanica and the undertaking BH Telecom d.d. Sarajevo in order to determine the existence of a prohibited agreement under Article 4, paragraph 1, items b) and d) of the Law on Competition.

Conclusion that initiated the procedure for assessment of the concentration within the meaning of Article 17 and 18 of the Law on Competition between the undertaking British American Tobacco Investments and the undertaking Fabrika duhana Sarajevo d.d. Sarajevo.

Conclusion initiating the procedure under the Claim for initiation of proceedings of the undertaking CONTROL – H d.o.o. Mostar, against the undertaking HERKON d.o.o. Mostar, the Inspectorate of the Federation of Bosnia and Herzegovina, and the Institute for Accreditation of Bosnia and Herzegovina, in order to determine the existence of abuse of a dominant position, referred to in Article 10, paragraph (2), item b) of the Law on Competition.

Opinion on the Request from the Public Procurement Agency of BiH, asking whether the heat production and supply market in the territory of the City of Banja Luka is open to competition.

 

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