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Competition newsletter

Competition Newsletter: February 2018

February 2018 · 27 February 2018 · 17 items

Following the annual review of competition developments in Serbia and Montenegro, respectively, in this issue we present the same kind of analysis concerning Bosnia and Herzegovina and Macedonia (FYROM).

In Serbia, the biggest news is the first conditional merger approval of 2018, concerning the Lesaffre-Alltech deal. Among other texts that feature are the basics of merger control in the Balkans and a review of State aid in Serbia in 2017.

General

Merger Filing in the Balkans: The Basics

What are the basic rules governing merger filing in Serbia, Montenegro, Bosnia and Herzegovina, and Macedonia (FYROM)? Here they are, in five short questions and answers:

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Serbia

Merger control

The first conditional clearance of 2018

Following a Phase II investigation initiated in October 2017, the Serbian NCA has cleared the acquisition of a Serbian yeast producer (owned by the American Alltech) by the French giant Lesaffre. The clearance was conditional and includes certain reporting obligations by the merged entity.

a Phase II investigation initiated in October 2017 Read more

Merger control

Six Phase I clearances

During the last month, the NCA rendered six other merger-related decisions - all unconditional Phase I clearances.

State aid

State aid in Serbia: 2017

A short overview of the developments in Serbian State aid during 2017 – in eight questions and answers.

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State aid

Ten new State aid decisions

During the previous month, the Serbian State Aid Commission rendered 10 new decisions, all in ex ante proceedings. In all cases the aid was approved, the total amount of approved aid being approx. EUR 4.8 million.

Other developments

Other developments

The Serbian NCA has published the results of two new sector inquiries, related to the following markets

Other developments

Sports footwear, sportswear, and sports equipment

The publication of the results of the inquiry follows the Serbian NCA's finding of vertical price fixing in the sale of sportswear. In the inquiry, the NCA analyzed the period 2014-2016.

vertical price fixing in the sale of sportswear

Other developments

Retail of oil derivatives

For several years in a row, the Serbian NCA has been conducting annual sector inquiries of the Serbian oil sector, with an emphasis on the production and sale of oil derivatives. It has now published the results of its inquiry concerning 2016 and has already announced that, starting from 1 March 2018, it will start conducting the inquiry for 2017.

Montenegro

Merger control

Three new merger decisions

During the previous month, the Montenegrin NCA rendered three merger decisions, all unconditional clearances.

State aid

The Montenegrin NCA to take over State aid control

We wrote earlier about the plan to entrust the Montenegrin NCA with State aid powers. This is now official, as the Montenegrin Parliament has adopted the proposed changes into law, by amending the existing Competition Act and adopting a new Law on the Control of State Aid. The NCA will take over the jurisdiction over State aid control from the existing State Aid Commission within the next four months.

earlier

Other developments

Distribution of media content and sports channels under scrutiny

The Montenegrin NCA announced on its website that it has analyzed the retail market for the distribution of media content and the market for the distribution of sports TV channels. The NCA performed the analysis based on the information obtained from market participants and the relevant sector regulators. Unfortunately, the NCA did not publish its findings, citing the sensitivity of the obtained information.

Other developments

Competition Act amended

Apart from the changes related to the transfer of State aid powers to the NCA (see above), the newly adopted changes to the Montenegrin Competition Act also modify the law in some other, procedural aspects. The changes are not far-reaching.

Bosnia and Herzegovina

Year in review

  • An overview of competition law developments in Bosnia and Herzegovina during 2017 and what to expect in 2018.

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Antitrust

One restrictive agreements case abandoned

During the previous month, the Bosnian NCA terminated one restrictive agreements proceeding, since the complainant had withdrawn its complaint.

Merger control

Two new merger-related decisions

During the previous month, the Bosnian Competition Council rendered two merger-related decisions.

  • It cleared a concentration taking place in the insurance sector, between Vienna Insurance Group and a local insurer (Merkur BH osiguranje).
  • It dismissed the application as it found that the transaction did not qualify as a concentration. The applicant was Messer Belgium N.V, Zvijndreht.

Macedonia (FYROM)

Year in review

  • An overview of competition law developments in Macedonia (FYROM) during 2017.

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Merger control

During February, the Macedonian NCA published two announcements of notified concentrations

  • Knauf International GmbH (Germany) - Armstrong World Industries, Inc. (USA) and
  • Pillarstone Italy Holding Spa (Italy) - Manucor SpA (Italy).

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