PRESS RELEASE –82nd SESSION OF THE COUNCIL OF COMPETITION OF BOSNIA AND HERZEGOVINA
82nd session of the Council of Competition of Bosnia and Herzegovina was held in Sarajevo on 18th February 2014 with the following adopted:
Decision establishing that Agencija za finansijske, informatičke i posredničke usluge d.d. Sarajevo (Agency for financial , IT and Intermediary Service Inc. Sarajevo) , abused its dominant position in the relevant market for the provision of financial , IT and intermediary services in the Federation of Bosnia and Herzegovina , applying different conditions for the same or similar transactions , in terms of Article 10 paragraph ( 2) item c ) of the Competition Act and entered into contracts which conditioned the other party to the admission of additional obligations which, by their nature or according to commercial usage, have not to do with the subject of such contracts within the meaning of Article 10 paragraph ( 2 ), item d ) of the Competition Act .
Decision ordered the Agency for the financial , IT and Intermediary Services Inc. Sarajevo conclusion of agreements on business cooperation with undertaking ” Tron Systems ” d.o.o. Sarajevo under equal conditions for all economic entities in the relevant market, within the prescribed period .
Agency for the financial , IT and Intermediary Service Inc. Sarajevo is prohibited from any further action on the relevant market , that could put economic entities or individuals into an unfavorable position in the relevant market, within the meaning of Article 11 paragraph ( 2 ) of the Competition Act .
Because of undeniably established infringements of the Competition Act , the said Decision has fined Agency for financial , IT and Intermediary Service Inc. Sarajevo, in the amount of 22.000,00 KM , within the meaning of Article 48 paragraph ( 1 ) item b) of the Competition Act .
Opinion upon request of undertaking Auto Truck Trade Ltd. MAN Importer Bosnia and Herzegovina.
The Request for an opinion asked whether the provisions of the Import Agreement of the company “MAN” should limit its duration, and whether the present Agreement should be filed for an individual exemption, pursuant to Article 5 of the Competition Act.
Opinion states that Council of Competition may adopt a decision on exemption of an agreement that meets the requirements of Article 4 paragraph (3) of the Competition Act, with a limited validity period, not to exceed five years, and at the request of a party the period of validity may be extended for up to five years, but that does not decide on period of time the parties enter into contracts or agreements.
Also, the Council of Competition found that it cannot evaluate whether other provisions of the Agreement comply with the conditions for exemption within the meaning of Article 5 paragraph (1) of the Competition Act, without the proceedings.
Opinion on the request submitted by the undertaking Auto-saobraćajno preduzeće Janjić d.o.o. Prijedor (Auto Transport Company Ltd. Janjic Prijedor).
The Applicant has requested an opinion whether the conditions of the public call (TENDER) issued by Municipality of Prijedor in 2013 for the allocation of urban and suburban passenger transportation lines, constitute an infringement of the provisions of Competition Act.
Having taken into account all the submitted documents and the relevant provisions of the Competition Act, Council of Competition found that the public call (tender) may constitute a breach of the Competition Act, but that without the procedure it cannot be determined whether it is the existence of a prohibited agreement within the meaning of Article 4 paragraph (1) of the Competition Act.
Conclusion on the extension of the deadline for the issuance of the assessment of the concentration in the proceedings pending before the Council of Competition at the Conclusion for initiation of the proceedings of the 28th November 2013 , based on the Notification for concentration of undertakings Opresa“ d.d. Sarajevo, „Duhanpromet“ d.o.o. Sarajevo, „Riva“ d.o.o. Tuzla, „Riva“ d.o.o. Brčko, and „Riva Company“ d.o.o. Doboj, who intend to establish a new economic entity through a joint venture on a long term basis .
Conclusion on the extension of the deadline for the issuance of the assessment of the concentration in the proceedings pending before the Council of Competition at the Conclusion of initiation of the proceedings of 20th November 2013 for the assessment of concentration , based on the Notification of concentration by which the undertaking Agrokor Zagreb, Republic of Croatia intends to acquire a majority stake in the undertaking Poslovni sistem Mercator d.d , Ljubljana, Slovenia.
Conclusion on the extension of the deadline for the issuance of the assessment of the concentration in the proceedings pending before the Council of Competition at the Conclusion for initiation of the proceedings of 28th November 2013 , based on the Notification of concentration by which the undertaking Telekomunikacije Republike Srpske a.d. Banja Luka,, intends to gain control over the undertaking Elnet d.o.o. Laktaši by purchasing majority of the equity.
Public Relations Department From the Office of President of Council of Competition
