85th session of the Council of Competition of Bosnia and Herzegovina was held in Sarajevo on 25th March 2014 with the following adopted:
Decision establishing that Health insurance fund of Brcko District of Bosnia and Herzegovina, Vuk S. Karadzica 4, 76100 Brcko District, through its Decision on establishing criteria for contracting pharmaceutical services, number: 015-180/7-47/08 of 23rd September 2008 and Decision amending the Decision on establishing criteria for contracting pharmaceutical services number: 015-180/7-47/08-1 of 27th January 2011, prevented, limited and distorted competition by applying dissimilar conditions to undertaking Private medical institution – Pharmacy “Onion Pharm” District Brcko Bosnia and Herzegovina, for identical transaction in relation to the other participants in the relevant market, in terms of Article 4 paragraph (1) item d) of the Competition Act.
Also , it was established that Health insurance fund of Brcko District of Bosnia and Herzegovina, rejecting the conclusion of the Agreement on the provision of pharmaceutical services for the dispensing of drugs to the list of essential medicines with undertaking Private medical institution – Pharmacy ” Onion Pharm ” Brcko District of Bosnia and Herzegovina , prevented, limited and distorted market competition by applying dissimilar conditions to undertaking Private medical institution – Pharmacy ” Onion Pharm ” District Brcko of Bosnia and Herzegovina, for identical transaction in relation to the other participants in the relevant market , in terms of Article 4 paragraph ( 1 ) , item d ) of the Competition Act .
For the mentioned infringement of the provisions of the Competition Act, Health Insurance Fund of the Brcko District of Bosnia and Herzegovina was fined in the amount of 16.000,00 KM .
Council of Competition has adopted the relevant decision in the proceedings initiated upon Request for the initiation of proceedings of the undertaking Private medical institution – Pharmacy “Onion Pharm” Brcko District of Bosnia and Herzegovina against the Health Insurance Fund of the Brcko District of Bosnia and Herzegovina.
Conclusion on the initiation of proceedings issued upon Request to institute proceedings of Udruženje /Udruga privatnih apoteka/ ljekarni (Association of Private pharmacies) Kolodvorska 11a, 71000 Sarajevo against the Canton Sarajevo – Sarajevo Canton Government, Reisa Džemaludina Čausevića 1, 71000 Sarajevo and the Health Insurance Institute of Sarajevo Canton, Ložionička 2, 71000 Sarajevo to establish a prohibited agreement, pursuant to Article 4, paragraph (1), and determine abuse of dominant position within the meaning of Article 10, paragraph (2) of the Competition Act.
Opinion upon Request for an opinion of undertaking Babic Bisstours d.o.o. Zenica , Nikole Tesle 4 , 72000 Zenica .
Analyzing the particular allegations in the application of incentives and grants from the Government of the Federation of Bosnia and Herzegovina and the Government of Tuzla Canton, Tuzla International Airport , which are enabled by “Decision on the passenger fee – compensation for the development and improvement of air transport in the Federation of Bosnia and Herzegovina ” ( ” Official Gazette of BiH ” , no. 8/05 , 35/10 and 61 /12) , Council of Competition considers that these grants may be state aid, regulated by the Law on state Aid System in Bosnia and Herzegovina ( ” Official Gazette” , No. 10 / 12 ) , i.e may be the authority of State Aid Council of Bosnia and Herzegovina.
Opinion upon Request for an opinion of the lawyer Nihad Sijerčić , , Trg djece Sarajeva 1/V BBI Center , 71000 Sarajevo, on the existence of the obligation to notify the concentration , in terms of the provisions of the Competition Act .
Opinion upon Request for giving an opinion of the Ministry of Communications and Transport of Bosnia and Herzegovina , on the compliance of the Draft Law on postal services of Bosnia and Herzegovina.
Council of Competition considers that the draft law does not comply with the provisions of the Competition Act , as it still contains ( as well as the applicable provisions of the Law on Postal Service BiH), a category of reserved universal postal services , and the exclusive right to provide these services still belongs to the three public postal operators ( undertakings JP BH Pošta d.o.o. Sarajevo, Hrvatska pošta d.o.o. Mostar i Pošte srpske a.d. Banja Luka) each in its geographical area ( market ) , and consequently there is no free competition in this market in Bosnia and Herzegovina .
Public Relations Department from the Office of President of Council of Competition