PRESS RELEASE – 102nd session of the Competition Council of BiH

In Sarajevo, on April 4, 2022 the 102nd session of the Competition Council of BiH was held on with following adopted:

Decision assessing the market concentration for the installation, operation and maintenance of high-power stations for charging heavy electric trucks and buses, which will be created by the establishment of a joint venture company “Daimler Truck AG” Germany, “Traton SE” Germany and “Aktiebolaget Volvo” “Sweden.

Decision rejecting as unfounded the Request of the undertaking “Telekom Srbija” a.d. Belgrade, Serbia for establishing a prohibited agreement against undertakings “Adria News S.a’rl” Luxembourg, “Adria News” d.o.o. Sarajevo, Bosnia and Herzegovina and Adria BH Production d.o.o. Sarajevo, Bosnia and Herzegovina, and / or any other undertaking operating within the United Group, which is a signatory to the agreement which is the subject of the submitted request, in order to establish the existence of a prohibited agreement from Article 4, paragraph (1), items b) and c) of the Law on Competition on the market of Television Program/Signal Distribution on the territory of Bosnia and Herzegovina.

By the same Decision, the Request of the undertaking “Telekom Srbija” a.d.. Belgrade, Serbia was rejected for establishing a prohibited agreement against undertakings “Adria News S.a’rl” Luxembourg, “Adria News” d.o.o. Sarajevo, Bosnia and Herzegovina and Adria BH Production d.o.o. Sarajevo, Bosnia and Herzegovina, and / or any other undertaking operating within the United Group, which is a signatory to the agreement which is the subject of the submitted request, in order to establish the existence of a prohibited agreement from the Article 4, paragraph (1), items b) and c) of the Law on Competition in the market of Production and Broadcasting of Media Content CNN International, which is broadcast in the official languages of Bosnia and Herzegovina, on the territory of Bosnia and Herzegovina.

Decision rejecting as unfounded the Request of the undertaking “Telemach BH” d.o.o. Sarajevo, Bosnia and Herzegovina, filed against Mtel a.d. Banja Luka, Bosnia and Herzegovina, “Logosoft” d.o.o. Sarajevo, Bosnia and Herzegovina, Blicnet d.o.o. Banja Luka, Bosnia and Herzegovina, Telrad Net d.o.o. Bijeljina, Bosnia and Herzegovina and “Elta Kabel” d.o.o. Doboj, Bosnia and Herzegovina, in order to determine the existence of abuse of dominant position in terms of Article 10, paragraph (2), items a), b) and c) of the Law on Competition and Article 9, paragraph (1), item a) of the Decision on defining categories of dominant position, on the market of packaged multiple-play telecommunication services (retail level) in Bosnia and Herzegovina. By the same Decision, the Request of the undertaking “Telemach BH” d.o.o Sarajevo, Bosnia and Herzegovina was rejected as unfounded, filed against Mtel a.d. Banja Luka, Bosnia and Herzegovina, “Logosoft” d.o.o. Sarajevo, Bosnia and Herzegovina, Blicnet d.o.o. Banja Luka, Bosnia and Herzegovina, Telrad Net d.o.o. Bijeljina, Bosnia and Herzegovina and “Elta Kabel” d.o.o. Doboj, Bosnia and Herzegovina, in order to determine the existence of abuse of a dominant position in terms of Article 10, paragraph (2), items a) and c) of the Law on Competition in the Market of Internet Services to Business Users in Bosnia and Herzegovina. Decision establishing that KJKP “RAD” d.o.o. Sarajevo, Bosnia and Herzegovina has abused its dominant position under Article 10 (2) (d) of the Law on Competition, preventing, restricting or distorting competition in the relevant market for the collection, disposal and disposal of household waste in the Sarajevo Canton, by failing to adopt a new Price List from 2016 until today, which requires the consent of the Government of Sarajevo Canton, and which would contain differentiated prices of services for the economy, depending on the type of activity performed in buildings and premises, which was required in accordance with Article 57, paragraphs (5) and (6) in connection with paragraph (2) of the Law on Communal Cleanliness, and thus conditioned the undertaking “Penny Plus” d.o.o. Sarajevo, Bosnia and Herzegovina, to accept obligations which, by their nature or according to commercial usage, have no connection with the subject of such agreement. KJKP Rad was ordered to adopt a new Price List for the collection, removal and disposal of household waste from office buildings and premises in accordance with Article 57, paragraphs (5) and (6) of the Law on Communal Cleanliness, and submit it to the Government of Sarajevo Canton for approval, within the meaning of Article 57, paragraph (6) of the same Law, and to submit the Price List to the Competition Council of of Bosnia and Herzegovina, within 60 days from the date of delivery of the Decision. The same Decision established that KJKP Rad did not abuse its dominant position on the market of collection, removal and disposal of household waste in the Sarajevo Canton, referred to in Article 10, paragraph (2), item b) of the Law on Competition. Due to the infringement of the Law on Competition, KJKP Rad was fined in the amount of 50,000 KM (fifty thousand KM).

Decision allowing concentration on the market of universal banking services in the Federation of Bosnia and Herzegovina and the Brčko District of Bosnia and Herzegovina, which will arise from the acquisition of control of the undertaking “ASA Finance” d.d. Sarajevo, Bosnia and Herzegovina, in the undertaking “Sberbank BH” d.d. Sarajevo, Bosnia and Herzegovina, through the purchase of shares.

Conclusion extending the deadline for issuing the final decision in the procedure initiated by the Conclusion on initiating the procedure ex officio number: UP – 06-26-3-036-3/21 dated 16 December 2021. against “Public Company Heating” d.o.o. Kakanj, Bosnia and Herzegovina and the Municipality of Kakanj in order to determine the existence of abuse of a dominant position in terms of Article 10, paragraph (2), item d) of the Law on Competition, in order to determine the existence of a prohibited agreement, in terms of Article 4, paragraph (1), item e) of the Law on competition.

Opinion on the Request of the Public Institution for Medical Rehabilitation and Spa Treatment – Reumal Health Resort Fojnica, Bosnia and Herzegovina, by which the Competition Council, based on the data stated in the Request, assessed that the market for spa rehabilitation in Bosnia and Herzegovina is open to competition.

Council Competition of of Bosnia and Herzegovina