PRESS RELEASE –80th SESSION OF THE COUNCIL OF COMPETITION OF BOSNIA AND HERZEGOVINA
80th session of the Council of Competition of Bosnia and Herzegovina was held in Sarajevo on 6th February 2014 with the following adopted:
Decision establishing that the undertaking BH Telecom Sarajevo Obala Kulina Bana 8, 71000 Sarajevo has abused a dominant position in the market for interconnection to the fixed network, conditioning the undertaking Akt. online d.o.o. 1, Fra Anđela Zvizdića 71000 Sarajevo, to conclude the contracts with the condition to accept additional obligations which, by their nature or according to commercial usage, have no connection with the subject of such an agreement.
During the proceedings, Council of Competition found that on the territory of Bosnia and Herzegovina, in accordance with the List of operators with significant market power of the Regulatory Agency for Communication of Bosnia and Herzegovina (CRA), the undertaking BH Telecom d.d. Sarajevo, the undertaking Hrvatske telekomunikcije d.d. Mostar and undertaking Telekomunikacije Srpske a.d. Banja Luka, have been declared as operators with significant market power on the market of fixed and mobile telephony, and therefore, have a dominant position.
Operators with significant market power prepare RIP document on conditions and modes of connection to their infrastructure, and the CRA gives consent to the contents and conditions of the RIP documents. Operators with significant market power through RIP offer the alternative operators to join their infrastructure in order to provide certain telecommunications services.
Undertaking BH Telecom dd Sarajevo has a dominant position in the relevant market and, as such, had a special responsibility, and according to the regulations in force in the field of telecommunications, has been obliged to provide interconnection to its own network under the conditions laid in RIP document to the undertaking Akt.online d.o.o. Sarajevo.
Decision has fined undertaking BH Telecom Sarajevo for abuse of dominant position in the market for interconnection, pursuant to the provisions of the Competition Act, in the amount of 150.000,00 KM.
Also, this Decision rejected as unfounded the Request of the undertaking Akt.online d.o.o. Sarajevo, filed against the undertaking BH Telecom Sarajevo, in order to establish abuse of a dominant position on the market of call termination, pursuant to the provisions of the Competition Act.
Regarding the allegation of the Applicant that undertaking BH Telecom Sarajevo offered cheaper prices of call termination in the fixed and mobile network to foreign operators than those it has offered to undertaking Akt.online d.o.o. Sarajevo, Council of Competition found that according to RIP document of the undertaking BH Telecom Sarajevo, which was in force during the relevant period (2007), termination prices of domestic calls to fixed and mobile networks were pre-determined, while the cost of termination of foreign calls to fixed and mobile network were negotiated on commercial basis.
Council of Competition found that allegations of the Applicant that the undertaking BH Telecom Sarajevo arranged more favorable conditions for foreign operators during the conclusion of the agreement on the termination of international calls to fixed and mobile network of the undertaking BH Telecom d.d. Sarajevo than those it has offered to undertaking Akt.online d.o.o. Sarajevo, were not accurate.
Decision allowing concentration in the market for the provision of services in the field of computerized passenger reservation system and / or the issuance of airline tickets through the global distribution system in Bosnia and Herzegovina, which will be created through acquisition of control of the undertaking Amadeus IT Group, SA, c / Salvador de Madariaga 1 , 28027 Madrid, Spain Republic, over the undertaking Amadeus IT Group SA Marketing Sarajevo, Hamdije Ćemerlića 2, 71000 Sarajevo, purchasing 95.0% equity stake.
The legal basis for the concentration is the Share Purchase Agreement concluded on 4th Novemeber 2013 between undertaking Amadeus Group, as the buyer and undertaking public company BH Airlines, Kurta Schorka 36, 71000 Sarajevo, as the seller, by which the undertaking Amadeus Group acquires 95.0% stake in the undertaking Amadeus BH, and thus, with the earlier acquired 5.0% stake, it becomes 100.0% owner of the undertaking Amadeus BH.
Council of Competition following an assessment and analysis of data and facts established in the Decision making procedure, has assessed that the notified concentration does not lead to distortion of competition since the market share of the undertaking Amadeus BH remains unchanged, i.e. will not lead to a change in market share in the relevant market, but mainly a change in its ownership structure.
Opinion according to which the Proposed Decision on amendments to the Decision on the organization and method of performing taxi passenger transport in Zenica-Doboj Canton is not harmonized with the Law on competition because the provisions of the Draft Decision do not meet the principle of access to relevant market for all participants under the same conditions, and may have as object or effect prevention, restriction or distortion of competition within the meaning of the provisions of the Competition Act.
Opinion that the Proposed Rules on Transfer of data to companies and individuals, and procedure for their use of the Agencija za finansijske, informatičke i posredničke usluge d.d.Sarajevo (Agency for financial, IT and intermediary services d.d. Sarajevo) are harmonized with the Competition Act.
The obligation of harmonization of the proposed rules follows from the previously adopted Decision of the Competition Council (dated 16th December 2013), which provides that certain provisions of the underlying Rules are not in line with the Competition Act and as such must comply with the Competition Act.
Public Relations Department From the Office of President of Council of Competition