77^th and 78^th session of the Council of Competition of Bosnia and Herzegovina were held in Sarajevo on 27^th December 2013 with the following discussed/adopted:

Conclusion on dismissal  of the notification on concentration of undertaking Coca-Cola HBC BH d.o.o. Sarajevo, Mostarsko raskršće bb, Hadžići and undertaking Argeta d.o.o. Sarajevo,  limited liability company, Donji Hadžici 138, 71000 Sarajevo (Applicant)s due to non- existence of the obligation to notify the concentration because they did not fulfill the conditions of total revenue of the parties to the concentration, earned in Bosnia and Herzegovina, nor is their joint share in the relevant market of the  participants to the concentration above 40.0 % .

As the legal basis of the concentration Applicants  provided “Agreement on the transfer of shares in the company Ekopak RS – Company for the Treatment of Packaging Waste d.o.o.” concluded between undertakings Coca-Cola HBC BH and Argeta Sarajevo with undertaking EKOPAK-Company for the treatment of packaging waste d.o.o. Sarajevo, Zmaja od Bosne 7-7a, building O3, 71000 Sarajevo, which as the founder of undertaking Ekopak RS transferred shares in the share capital on undertakings – Coca-Cola HBC BH and Argeta Sarajevo. “

 Council  of Competition has not issued a decision, within a period referred to in Article 41 paragraph (1) of the Competition Act, upon the Request to institute proceedings filed by  undertaking OBN d.d. Sarajevo, Hum 1, 71000 Sarajevo, against undertakings “Radio – Television of Bosnia and Herzegovina”, Bulevar Meše Selimovića, 12, 71000 Sarajevo, “Radio – Television of the Republic of Srpska” Trg Republike Srpske 9, 78000 Banja Luka and “Radio – Television of Federation of Bosnia and Herzegovina “, Bulevar Meše Selimovića, 12, 71000 Sarajevo, in order to establish a dominant position within the meaning of Article 10 paragraph (2) of the Competition Act, and therefore  it is considered that concluded agreement or conduct of specified undertakings does not abuse dominant position in the relevant market.

 Conclusion for the initiation of proceedings upon Request for an individual exemption of the agreement of the undertaking Stock company for transport of petroleum, petroleum products and natural gas ” Nestro Petrol” Banja Luka , Kralja Alfonsa XIII No. 9 , 78000 Banja Luka , in order to establish exemption of the Agreement on business – technical cooperation , between undertakings ” Nestro Petrol ” a.d. Banja Luka , Kralja Alfonsa XIII no. 9 , 78000 Banja Luka as a franchiser , and undertaking ” COD TRADE” d.o.o. Banja Luka , Brokovići bb , 78000 Banja Luka , undertaking ‘’RIBAMERC “d.o.o. for  manufacturing and trading Banja Luka , Krupa na Vrbasu bb , 78000 Banja Luka , undertaking Limited liability company for production, trade and services ” MD BUKVIĆ ” Brace Ćuskića 13 , 76100 Brcko district, undertaking  ‘’RESTRUCT ” limited liability company for import and distribution of petroleum and petroleum products Sarajevo , undertaking Limited Liability Company for Trade and Services ” RUDING ” Istočno Sarajevo , Miljevici bb , 71123 Istočno novo Sarajevo and undertaking Business enterprise for internal and external trade and services ” Imzit – COMERC ” d.o.o. Sarajevo , Safeta Zajke no. 171 A , 71000 Sarajevo , as a franchisee , in terms of Article 4 paragraph ( 1 ) and ( 3 ) and Article 5 of the Competition Act .

 Conclusion on dismissal of the Notification on concentration of undertaking “Adria Bidco BV,” Fred. Roeskestraat 123.1076 EE Amsterdam,  Netherlands and undertaking “Adria Bidco d.o.o.” Cincar Jankova 3, 11000 Belgrade, Republic of Serbia (Applicants), with the undertaking “Slovenia Broadband S.á.rl”, 5, rue Guillaume Kroll, L -1882 Luxembourg, Grand Duchy of Luxembourg and the undertaking  ”Serbia Broadband – Srpske kablovske mreže d.o.o”,  Bulevar 8a, 11000 Belgrade, Republic of Serbia, due to non-existence of obligation to notify (they did not fulfill the conditions of total revenue of the parties to the concentration, earned in Bosnia and Herzegovina, i.e. joint share of the participants to the concentration is below 40.0 % in the relevant market).

Conclusion on  dismissal of the Notification on concentration of undertaking Remho Beteiligungs GmbH, Alserbachstrabe14-16, Palais Liechtenstein, A-1090 Vienna, Austria (Applicant) with the intent of acquiring exclusive control over the undertaking Helios Domžale, d.d., Količevo 2, 1230 Domžale, Slovenia through purchase of 73.12% of the shares and indirect exclusive control over subsidiaries of undertaking Helios, because they did not fulfill the conditions of total revenue of the parties to the concentration earned in Bosnia and Herzegovina, i.e. joint share of the participants to the concentration is below 40.0 % in the relevant market.

 Opinion upon Request of the undertaking AMKO KOMERC d.o.o. Sarajevo, Kolodvorska 12th, 71000 Sarajevo, on mandatory notification of concentration.
 
Based on the submitted data, Council of Competition established that the parties to the concentration do not meet the requirement of Article 12 paragraph (1) item a) of the Competition Act, because the undertaking TD MARKETI is not an independent economic entity, since that undertaking AMKO KOMERC has over 50.0% equity stake in the mentioned undertaking, and therefore they are not required to notify the concentration.
 
Detailed information about the adopted final decisions can be found on the website www.bihkonk.gov.ba  under “Decisions”.

                         Public Relations Department                                                                                                                                                      From the Office  of President of Council of Competition