PRESS RELEASE- 125th session of the Council of Competition was held in Sarajevo on 30th March 2016 with the following adopted:
Decision establishing that the undertaking “Audience Measurement” d.o.o. Sarajevo, under Article 9 of the standard Contract on TV audience measurement for 2014, 2015 and 2016 and by the provisions of Article 3 of the Contract on the measurement of TV audience for the 2014, 2015 and 2016, which was concluded with the Radio – Television of the Federation Bosnia and Herzegovina, Sarajevo, where provisions regulate the price of the service and payment method, abused its dominant position in the relevant market of providing services for measurement of TV audience in Bosnia and Herzegovina, in a manner that applied different conditions to customers for the same or similar sort of work,on the relevant market, in terms of Article 10 paragraph (2) item c) of the Competition Act, which brought them to the egalitarian and competitive disadvantage.
It was determined that the undertaking “Audience Measurement” d.o.o. Sarajevo, abused dominant position in the relevant market for providing services for measurement of TV audience in Bosnia and Herzegovina,under Article 3 of the Standard Contract on the measurement TV audience for 2014, 2015 and 2016 in a manner that conditioned undertakings ” Pink BH Company ” d.o.o. Sarajevo, “Fabrika” d.o.o. Sarajevo, “P Plus” d.o.o. Sarajevo, “S.V.-R.SA” d.o.o. Sarajevo, “Hayat” d.o.o Sarajevo, and “Direct Media” d.o.o. Sarajevo and other clients to accept supplementary obligations which by their nature have nothing to do with the subject of the Contract on the measurement of TV audience, in terms of Article 10 paragraph (2) item d) of the Competition Act.
It is forbidden to the undertaking “Audience Measurement” d.o.o. Sarajevo to perform any future actions established in items 1 and 2 of the operative part of the Decision, as well as any other action in the relevant market that would put undertakings and legal entities economic entities in an unequal position in the relevant market in terms of Article 11, paragraph (1) item b) of the Competition Act.
The undertaking ”Audience Measurement” d.o.o. Sarajevo is ordered to make publicly available price list of services for TV audience measurement with clearly defined, unambiguous and transparent criteria and prices, which would be identical for all potential users of the service, and to conclude a contract on measuring TV audience with all interested undertakings under the same conditions, within 30 days from the date of delivery of this decision, and to present the evidence on execution to the Council of Competition.
The undertaking ”Audience Measurement” d.o.o. Sarajevo is fined for violation of law pursuant to items 1 and 2 of this Decision, in the amount of 30.000,00 BAM, in accordance with Article 48. paragraph (1) item b) of the Competition Act.
The joint request of undertakings “Pink BH Company” d.o.o. Sarajevo, “Factory” D.o.o. Sarajevo, “P Plus” d.o.o. Sarajevo, “S.V.-R.SA” d.o.o. Sarajevo, 71000 Sarajevo, “Hayat” doo Sarajevo, and “Direct Media” d.o.o. Sarajevo has been rejected against the undertaking “Audience Measurement” d.o.o. Sarajevo, filed in order to establish abuse of a dominant position in accordance with Article 10 (2) item a) of the Competition Act, as unfounded.
Decision on interim measure by which Request for determination of interim measure has been adopted, filed by the undertaking Ekopak-Company for the treatment of packaging waste d.o.o. Sarajevo.With the same Decision it is ordered to Federal Ministry of Environment and Tourism to temporarily revoke and implement the Ordinance on the termination of the Ordinance on packaging and packaging waste No. 04-23-1334 / 15 of 21.01.2016. ( “Official Gazette of the Federation BiH” No. 8/16). The interim measure is determined for a period of three months, and the same can be extended if necessary and justified in terms of Article 40, paragraph (2) of the Act.
Conclusion rejecting the Request of undertakings Ledo d.d. for the production and market of ice cream and frozen food, Zagreb, Republic of Croatia and Mars South Central Europe GmbH, the Republic of Austria for individual exemption of Distribution Contract from the prohibition because of the lack of conditions for initiating the proceedings.
Conclusion rejecting the notification of concentration of the undertaking PETROL, Slovenian Energy Company, d.d. Ljubljana, Republic of Slovenia, because of lack of obligation of notification of concentration in terms of Article 14,paragraph(1) of the Competition Act.
Conclusion rejecting Notification of concentration of undertaking Mixed Holding “Power Utility of the Republic of Srpska ” – Parent company a.d. Trebinje – Subsidiary ” Hydroelectric power plants on the Drina ” a.d. Visegrad and undertaking Mixed Holding ” Power Utility of the Republic of Srpska ” – Parent company a.d. Trebinje, for the lack of concentration in terms of Article 12, paragraph (1) of the Competition Act.
The conclusion by which proceedings have been initiated upon request filed by the Association of Innovative Pharmaceutical Manufacturers in Bosnia and Herzegovina against the Government of Tuzla Canton, in order to establish the existence of an agreement prohibited by Article 4, paragraph 1), item b) and d) of the Competition Act.
Council of Competition