The law applies to all forms of preventing, limiting or disrupting market competition on the territory of Bosnia and Herzegovina or outside its territory if they have an effect on the territory of Bosnia and Herzegovina. Special attention is focused on agreements between economic entities, dominant position and abuses of dominant position, rules and procedures related to competition between economic entities.
With the new Law, the competences of the Council of Competition have been expanded and more precisely defined in the performance of administrative and professional tasks related to various aspects of the protection of market competition. This also applies to the way the procedure is conducted, final decisions are made, the policy of penalties and the duration of the procedure.
Since the Law regulated some issues and concepts in principle, those issues were defined in more detail by adopting a series of by-laws – Decision on determining the relevant market; Decision on determination of small value agreements; Decision on the collective exemption of agreements between economic entities operating at different levels of production or distribution; Decision on the collective exemption of agreements between economic entities operating at the same level of production or distribution (horizontal agreements); Decision on the collective exemption of agreements on the transfer of technology, licenses and know-how; Decision on collective exemption of insurance agreements; Decision on distribution and servicing of motor vehicles; Decision on the procedure for mitigating or exempting from punishment (lienency policy); Decision on determining the categories of the ruling position; Decision on the amount of administrative fees related to procedural actions before the Council of Competition and Decision on periodic payment of fines;
With the adoption of the mentioned by-laws (all acts will be adopted by the end of the third month of 2006), to a large extent BiH legislation in this area will be adapted to the legal acquis of the Community (aquies). Also, the adoption of by-laws will ensure predictability and transparent implementation of certain procedural actions and the entire procedure before the Council of Competition