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Competition newsletter

Competition Newsletter: December 2018

December 2018 · 8 January 2019 · 11 items

Once again, the most active NCA in the region was the Serbian one, with new antitrust proceedings, merger decisions, and sector inquiries.

Elsewhere in the Balkans, the Bosnian NCA was more than usually active in the area of merger control, while the Montenegrin NCA has issued a rare individual exemption decision.

Serbia

Antitrust

Fine for bid rigging in public procurement

The Serbian NCA has closed another bid rigging case, this time concerning the procurement of hygiene products by the Serbian Ministry of Defense. The NCA established that four Serbian companies had colluded in order to fix the terms of their bids in the public procurement procedures organize by the MoD. As part of the infringement decision, the NCA fined the four undertakings in the range between 2.5% and 3% of their respective annual turnovers. In absolute amount, the highest amount of imposed fine was approx. EUR 160,000.

Antitrust

Proceedings against 11 undertakings active in the market for technical inspection of cars

Continuing a high level of activity in its antitrust enforcement, the Serbian NCA has started proceedings against 11 undertakings providing the service of technical of inspection of cars in the Serbian town of Čačak. The NCA started the proceedings on suspicion that the undertakings had colluded with respect to the prices at which they offer their services, which may have amounted to a restrictive agreement within the meaning of the Serbian Competition Act.

Merger control

Thirteen new merger decisions

During the previous month, the Serbian NCA published as many as 13 new merger decisions. All were unconditional Phase I clearances.

State aid

Two new State aid decisions

During the previous month, the Serbian State Aid Commission rendered two new decisions. In both instances the aid was approved. In the first decision, the Commission cleared aid for the filming of a TV series in the amount of approx. EUR 20,000, while in the other the watchdog cleared investment aid in the amount of approx. EUR 1.4 million.

Other developments

Sector inquiry into the retail of oil derivatives

As has become a tradition in the last few years, the Serbian NCA has concluded another annual sector inquiry into the market for the retail of oil derivatives. In the inquiry, the NCA analyzed the tendencies in the market for the production and processing of oil and the market for the retail of oil derivatives, as well as the trends in the retail prices of oil derivatives. Together with announcing the results of the inquiry for 2017, the NCA also announced that it will soon begin to conduct an inquiry for 2018.

Other developments

Sector inquiry into the baby equipment market

The Serbian NCA has published the findings of its examination of the market for the wholesale and retail of baby equipment. Apart from the sector inquiry, it has also launched several antitrust proceedings concerning baby equipment, which shows the importance the NCA gives to this type of product. The purpose of the inquiry was to assess the size and scope of the relevant markets in the field of baby equipment, as well as to identify the main market players on such markets.

Montenegro

Antitrust

Individual exemption in the insurance sector

The Montenegrin NCA has granted a request for individual exemption from prohibition of a restrictive agreement, submitted by three insurance companies active on the Montenegrin market – Sava osiguranje, Uniqa neživotno osiguranje i Swiss. The exemption pertains to an agreement for joint participation in a tender organized by the Montenegrin electric power company. The exemption was granted for a period of one year.

Bosnia and Herzegovina

Antitrust

Two old cases closed, two new started

During the previous month, the Bosnian NCA terminated two pending antitrust proceedings, in both cases finding there was no restrictive agreement. In addition, the NCA also started two new proceedings, one concerning an alleged restrictive agreement (against the City of Doboj) and one concerning an alleged abuse of dominance (against the three incumbent postal operators in Bosnia and Herzegovina).

Merger control

Four new merger decisions

Last month, the Bosnian NCA was busier than usual when it comes to merger control, rendering four new merger clearances, in the following transactions:

  • MILCO doo (Bosnia and Herzegovina) - 21. maj (Bosnia and Herzegovina)
  • Messer Group GmbH (Germany) - CVC Capital Partners SICAV-FIS S.A. (Luxembourg)
  • Mtel a.d. (Bosnia and Herzegovina) - Blicnet d.o.o. (Bosnia and Herzegovina)
  • Bingo d.o.o. (Bosnia and Herzegovina) - Adna Commerc d.o.o. (Bosnia and Herzegovina)

Macedonia (FYROM)

Merger control

Three new merger filings

During December, the Macedonian NCA announced the receipt of three new merger filings:

  • CK Holdings Co., Ltd. (Japan) - Magneti Marelli S.p.A. (Italy)
  • Triglav Skladi doo (Slovenia) - Alta Skladi ad (Slovenia)
  • Halk Banka ad (Macedonia) - Nova Osiguruvanje ad (Macedonia)

General

Merger control in the Balkans: The app

We have developed an innovative online app for checking the merger filing thresholds in Serbia, Montenegro, Bosnia and Herzegovina, and Macedonia (FYROM).

Read more

Originally sent by e-mail. Original issue (mailchi.mp) · gajin.rs