Forty first session of the Council of Competition of Bosnia and Herzegovina was held in Sarajevo on 4th September 2012, with the following documents adopted:

– Decision allowing the concentration that will occur in the retail market of petroleum products in Republic of Srpska through acquisition of control of undertaking NIS PETROL d.o.o. purchasing gas station “BS Bijeljina”, Bijeljina, gas stations “BS Janja” Bijeljina, gas station “BS Foca” Foca, gas station “BS Rogatica” Rogatica and leasing gas stations “BS Popovi” Bijeljina and “BS Trnjaci “Bijeljina from the company “Oktan promet” from Bijeljina. Analyzing relevant data, Council of Competition, pursuant to Article 17 of the Competition Act, assessed that the implementation of the proposed concentration will not cause distortion of competition or creation or strengthening of dominant position of the parties to the concentration.

– Decision stating that the undertaking Apatinska pivara Apatin d.o.o., Apatin, Serbia and undertaking Preduzeće za spoljnu i unutrašnju trgovinu i usluge (Company for foreign and domestic trade and services) Dejan komerc do.o.o.  Doboj in the provisions of Article 2 paragraph (1) Annex 1, provisions of Article 5 and the provision of Article 2 Annex 2 of the Sales contracts for 2008, 2009, 2010, concluded on 24.12.2007. under number 008 BiH-71/2008, on 18.12.2008. No. 06-71/2009, on 26.01.2010. No. 02-71/2010 and on 15.02.2011. No. 02-71/2011, restricted competition directly or indirectly by fixing purchase or selling prices or any other trading conditions and applying dissimilar conditions to equivalent transactions with other undertakings, thereby placing the same at a disadvantage compared to the competition, and these represent agreements prohibited by Article 4 of the Competition Act.

It was determined that the undertaking Apatinska pivara Apatin d.o.o. did not abuse dominant position in the distribution and sale of beer to distributors in the territory of Bosnia and Herzegovina, because it is not in a dominant position.

This Decision imposed fine on undertaking Apatinska pivara Apatin d.o.o. in the amount of 265.000,00 KM and undertaking Dejan komerc d.o.o. in the amount of 1.000,00 KM for the infringement  of Article 48 paragraph 1) item a) of the Competition Act.

– Conclusion rejecting Notification of concentration of undertaking “Aneks” d.o.o. Banja Luka, Bosnia and Herzegovina, and undertaking ELTA-KABEL d.o.o. Doboj due  to nonexistence of the obligation to notify within the meaning of Article 14 paragraph (1) of the Competition Act.

– Decision rejecting Notification of concentration of undertaking “Aneks” d.o.o.. Banja Luka, Bosnia and Herzegovina, and undertaking TV Kabel d.o.o. Višegrad due  to nonexistence of the obligation to notify within the meaning of Article 14 paragraph (1) of the Competition Act.

 – Opinion at the Request of the undertakings Kaldera Company d.o.o. Laktaši, Bosnia and Herzegovina, on mandatory notification of concentration.

                                                                                    President of the Council of Competition                                                                                                                          Mr. Ibrica Lakišić