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29/05/2014

PRESS RELEASE –91st SESSION OF THE COUNCIL OF COMPETITION OF BOSNIA AND HERZEGOVINA

91st session of the Council of Competition of Bosnia and Herzegovina was held in Sarajevo on 29th May 2014 with the following adopted:
Decision reviewing the concentration in the market of life and non-life insurance in Bosnia and Herzegovina, which will be created through acquisition of control of undertaking Dioničko društvo Adris Grupa, Obala Vladimira Nazora 1, 52210 Rovinj, Republic of Croatia, over the undertaking Croatia osiguranje, Miramarska 22, 10000 Zagreb, Croatia, by purchasing a majority stake / shares.
The concentration in the market of Bosnia and Herzegovina is achieved through related undertaking Croatia osiguranje d.d. Ljubuški, Nikole Kordića bb, 88320 Ljubuški , which has registered activity – the provision of life and non-life insurance.
Bearing in mind that the activities of parties to the concentration do not overlap in the market of Bosnia and Herzegovina, and that undertaking Croatia osiguranje, over which control is acquired, carries a life and non-life insurance, the Council of Competition established as the relevant market – the provision of life and non-life insurance in Bosnia and Herzegovina.
Analyzing the relevant market, Council of Competition found that implementation of the concentration will not prevent, restrict or distort competition by undertaking Adris Grupa.
Decision – it is considered that the undertaking, Telekomunikacije Republike Srpske a.d. Banja Luka, Kralja Petra Karađorđevića 61-a,78000 Banja Luka, in accordance with Article 11, paragraph (2) of the Competition Act, does not abuse its dominant position in the relevant market, in terms of Article 10, paragraph (2) of the same Act.
This Decision executes the judgment of the Court of Bosnia and Herzegovina, dated 10/10/2013. , whereby the Court of Bosnia and Herzegovina has accepted the claim of the undertaking Crumb group d.o.o., Bijeljina Kneza Ive od Semberije 4, 78300 Bijeljina, and annulled the decision of the Competition Council of 12th October 2011, and ordered the Council of Competition to re-resolve the case.
Conclusion dismissing the Notification of concentration of undertaking MIH Internet Europe BV, Taurusavenue 105, 2132LS Hoofddorp, Kingdom of Netherlands and the undertaking “PIK” “ Društvo s ograničenom odgovornošću za računarske usluge, marketing i dizajn konsalting d.o.o. Sarajevo, Zmaja od Bosne bb, 71000 Sarajevo ( limited liability company for computer services, marketing and design consulting Ltd. Sarajevo), since it does not comply with conditions set forth in Article 14, paragraph (1) of the Competition Act.
In the proceedings, Council of Competition found that the participants to the concentration fulfill the requirements of the annual turnover in the global market, in terms of Article 14, paragraph (1) item a) of the Competition Act, but failed to meet the total annual turnover and the share of the relevant market in Bosnia and Herzegovina (online and offline advertising and classified ads), pursuant to Article 14, paragraph (1) item b) of the Competition Act.
Conclusion to terminate the proceedings initiated upon Request to institute proceedings of undertakings RTV Bosne i Hercegovine, Bulevar Meše Selimovića 12, 71000 Sarajevo, RTV Republike Srpske, Trg Republike Srpske 9, 78000 Banja Luka and RTV Federacije Bosne i Hercegovine, Bulevar Meše Selimovića 12, 71000 Sarajevo, against the Communications Regulatory Agency of Bosnia and Herzegovina, Mehmeda Spahe 1, 71000 Sarajevo due to withdrawal of the Applicant.
In the application for initiation of the proceedings, the Applicants state that the Code provisions amending the Code of Commercial Communications (“Official Gazette” No. 78/13) issued by the Communications Regulatory Agency of Bosnia and Herzegovina, represent prohibited agreement within the meaning of Article 4 paragraph (1) of the Competition Act.
Council of Competition was notified on 25th April 2014 that Applicants have withdrawn from further conduct of the proceedings, since their requirements were fulfilled by issuing of the Code amending the Code of Commercial Communications (“Official Gazette”, No. 30/14).
Conclusion initiating the proceedings upon Request to institute proceedings of the undertaking „Ljaljić turs“ d.o.o. Čelić, Ekrema Agića 113., 75246 Čelić against the Municipality Čelić, Alije Izetbegovića 60-2, 75246 Čelić and undertaking “Malikic- Tours” .o.o. Humci, Čelić, Denisa Eminovca 36., 75246 Čelić , to determine the existence of a prohibited agreement, within the meaning of Article 4 paragraph (1) of the Competition Act.
Opinion upon Request for the opinion of the Communications Regulatory Agency of Bosnia and Herzegovina, Mehmeda Spahe 1, 71000 Sarajevo on Draft Rules on the provision of public mobile telephone services.
The provisions of the Draft Rules on the provision of public mobile telephone services apply to virtual mobile network operators (MVNO) and do not apply to legal entities to which the Communications Regulatory Agency of Bosnia and Herzegovina has awarded a license to provide GSM services or license to provide mobile services on universal mobile telecommunication systems (UMTS).
Public Relations Department from the Office of President of Council of Competition

 

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