94th session of the Council of Competition of Bosnia and Herzegovina was held in Sarajevo on 17th June 2014 with the following adopted:
Decision rejecting as unfounded Request for instituting proceedings (received on 31st October 2013) of the undertaking “Mareco Index Bosnia” d.o.o. Trampina 12, 71000 Sarajevo, against the Institute of Metrology of Bosnia and Herzegovina, Augusta Brauna 2, 71000 Sarajevo, in order to establish a prohibited agreement, set forth in Article 4 paragraph (1) item b) of the Competition Act (restriction and control of the market and technical development).
Having analyzed Article 2, paragraph 1), item a) of the Rules on the appointment of metrology laboratories, Council of Competition found that every economic entity which meets the criteria contained in these Rules may be appointed for a metrological lab, which means that the appointment of one economic entity for the metrology lab, does not exclude the possibility that other economic entities (including economic entity “Mareco Index Bosnia”), may be appointed for the metrology lab if they submit an application for the appointment and meet the requirements defined by the Rules on the appointment of metrology laboratories.
It follows that the Institute of Metrology, in accordance with its statutory powers, by adopting bylaws, regulated the market of providing Television audience measurement, in a way that undertakings in the market are required to use devices whose quality and functionality are harmonized with European standards (EN 45000 series or ISO 17025), so that the end user of Television audience measurement has relevant and accurate information. Regulation of this area has given the possibility to all commercial entities that are engaged in providing these services to have their share of the market, if their devices for Television audience measurement (Peoplemeters) meet the technical requirements.
Decision approving a concentration in the market of city and suburban passenger transportation in Tuzla Canton, which will be created through acquisition of control of undertaking Junuzovic-kopex d.o.o. za niskogradnju, proizvodnju, promet roba i usluga, uvoz-izvoz, Modrac-Studenac bb, 75300 Lukavac (for civil engineering, production, goods and services, import-export) over the undertaking Dioničko društvo Gradski i prigradski saobraćaj Tuzla, Bukinje bb, 75000 Tuzla, (joint stock company for urban and suburban traffic), through purchase of a majority stake in the equity.
The legal basis for the concentration is the “Letter of Intent” signed in Lukavac, on 5th May 2014 and on 9th May 2014, by the undertaking Junuzovic-kopex (buyer) and undertaking Samn d.o.o. Tuzla and physical entity Nijaz Suljkić, expressing its intention to acquire control over a majority stake in the share capital of the undertaking Gips Tuzla.
Following an assessment and analysis of data and the established facts, Council of Competition established that the implementation of the concentration does not lead to a horizontal overlap in the market of parties to the concentration, since the undertaking Junuzovic-kopex does not operate on the market of city and suburban passenger transportation in Tuzla Canton, and that market shares of the undertaking Gips Tuzla will not produce a change of market positions in the relevant market.
Also, Council of Competition found that the concentration does not prevent, restrict or distort competition on the relevant market of city and suburban passenger transportation in Tuzla Canton.
Decision approving the concentration in the retail market of consumer goods in the relevant geographic market of Bosnia and Herzegovina, which will be created through acquisition of control of the undertaking Tropico Group B.V., Haaksbergweg 79, 1101 BR Amsterdam, Kingdom of the Netherlands, over the undertaking Delhaize BH d.o.o. Banja Luka, Branka Popovića 115, 78000 Banja Luka, through purchase of majority package of shares.
The legal basis for the concentration is Agreement on Purchase of the undertaking Delhaize BH, concluded on 31st February 2014 signed between undertakings Lion Holding and undertaking Delhaize Serbia (sellers) and undertaking Tropico Group (buyer).
Following analysis of relevant data, Council of Competition found that implementation of the concentration will not significantly increase the market shares in the relevant market in Bosnia and Herzegovina, i.e. it will not lead to the creation and strengthening of a dominant position of the parties to the concentration.
Conclusion dismissing the Notification of concentration of undertaking NN International B.V., De Smalle Zijde 1B, 3903LL Veendendal, Kingdom of the Netherlands, and undertaking RFK – Društvo za proizvodnju komponenti ležaja “VALJČIĆI“ d.d. Konjic, Hadžića polje bb, 88400 Konjic, for failure to meet the conditions for the Notification, set forth in Article 14, paragraph (1) of the Competition Act.
Council of Competition established that the parties to the concentration fulfill the requirements of the annual turnover in the global market, but failed to meet the total annual turnover in the market of Bosnia and Herzegovina, nor the condition of the market share because their combined market share in the relevant market is not greater than 40.0%, within the meaning of Article 14 paragraph (1) item b) of the Competition Act.
The full text of the adopted final decisions can be found on the website www.bihkonk.gov.ba.
Public Relations Department from the Office of President of Council of Competition