PRESS RELEASE –89th SESSION OF THE COUNCIL OF COMPETITION OF BOSNIA AND HERZEGOVINA
89th session of the Council of Competition of Bosnia and Herzegovina was held in Sarajevo on 7th May 2014 with the following adopted:
Decision rejecting the request of the undertaking “Elektrokontakt SA” d.o.o., Paromlinska 68, 71000 Sarajevo, against undertaking Public Enterprise ” Elektroprivreda BiH“ d.d., Vilsonovo šetalište 15, 71000 Sarajevo, and undertaking public company “Elektroprivreda BiH” d.d. Sarajevo subsidiary “Eldis-tehnika” d.o.o. Sarajevo, Blažujski drum bb, Ilidža, 71000 Sarajevo, for determining the abuse of a dominant position within the meaning of Article 10, paragraph (2) item a) and b) of the Competition Act, as unfounded.
By this Decision, Judgment of the Court of Bosnia and Herzegovina of 29th January 2014 is executed, whereby the Court of Bosnia and Herzegovina accepted the claims of the undertaking “Elektrokontakt SA” d.o.o., and annulled the decision of the Council of Competition of 25th February 2011, and ordered the Council of Competition to re-initiate the proceedings.
Decision to assess the concentration in the relevant market for the distribution of radio and television programs in the area of Banja Luka and Laktaši, which will be created through acquisition of control of undertaking Telekomunikacije Republike Srpske a.d. Banja Luka, Kralja Petra I Karađorđevića 93 , 78000 Banja Luka over the undertaking ELNET d.o.o. Laktaši, Karađorđeva bb, 78250 Laktaši purchase of a majority stake in the equity.
Analyzing the data (especially the structure of the relevant market, the market shares of the parties to the concentration and competitors) Council of Competition found that the implementation of the concentration cannot result in adverse effects, which can significantly impair effective market competition in the relevant market.
Decision reviewing the concentration in the relevant market for the distribution of television programs and the provision of Internet services, resulting through the acquisition of control of undertaking „Telemach“ Društvo za pružanje usluga u oblasti telekomunikacija d.o.o. Sarajevo, Džemala Bijedića 216 (“Telemach” company providing services in the field of telecommunications Ltd. Sarajevo), Džemala Bijedića 216, 71000 Sarajevo over the undertaking “ART NET” d.o.o. Kiseljak, Administrativni poslovni centar bb, 71250 Kiseljak and undertaking “VI-NET” d.o.o. Visoko Društvo za instalitranje distributivnih sistema, Burića 5, 71300 Visoko, purchasing a majority stake in the equity.
Council of Competition initiated assessment procedure of subject concentrations ex officio as the data analysis and documentation found that there is a reasonable suspicion that the concentrations in question have not been reported to the Council of Competition in a given period, in accordance with Article 16, paragraph (1) of the Competition Act, and that they are implemented without a decision of the Council of Competition, in accordance with Article 18, paragraph (9) of the Competition Act.
Competition Council of Competition has determined that there will be certain increase in the share of the relevant market after carrying out of the concentration, but believes that there will be no restriction or distortion of competition in these markets, other cable operators, including public operators, are present on those relevant markets.
Because of the failure to notify the implementation of these concentrations without decision, a fine is imposed on undertaking Telemach“ Društvo za pružanje usluga u oblasti telekomunikacija d.o.o. Sarajevo “, in the amount of 53,000.00.
Conclusion to suspend the proceedings initiated upon Notification on concentration of undertakings d.d. Sarajevo Džemala Bijedića185, 71000 Sarajevo, „Duhanpromet“ d.o.o. Sarajevo, Radenka Abazovića 1, 71000 Sarajevo, „Riva“ d.o.o. Tuzla, Muftije Efendije Kurta 1, Tuzla;„Riva“ d.o.o. Brčko, Braće Kobića 14, 76300 Brčko and „Riva Company“ d.o.o. Doboj, Dobojskih brigada bb, 74000 Doboj, due to the withdrawal of the Applicant.
Council of Competition received Notification of the concentration of undertaking “Opresa” d.d. Sarajevo on 20th September 2013, whereby it intends, together with undertakings Duhanpromet“ d.o.o. Sarajevo, „Riva“ d.o.o. Tuzla, „Riva“ d.o.o. Brčko, and „Riva Company“ d.o.o. Dobojj, to establish a new economic entity through a joint venture on a long term basis.
Public Relations Department from the Office of President of Council of Competition