Starting from this issue, apart from Serbia, the newsletter also covers Montenegro, Bosnia and Herzegovina, and Macedonia (FYROM).
Among the texts that feature are those on an ethnic veto in Bosnian competition law and a State aid case involving a donation to the 'Serbian Peaky Blinders'.
Serbia
Year in review
Competition law in Serbia: 2017
The previous year was an eventful one in Serbian competition law - not only due to a fairly active Competition Commission, but also due to other developments, such as those surrounding the drafting of a new Competition Act.
Antitrust
An abuse of dominance investigation against the largest Serbian cable operator?
According to the Serbian daily Politika, the Serbian Competition Commission has started a preliminary investigation against the largest Serbian cable operator, Serbia Broadband (SBB). SBB is part of United Group and is ultimately controlled by KKR. According to Politika, the Competition Commission is investigating SBB's recent increase of the monthly subscription.
Antitrust
Bid rigging in a cafe and sportswear price fixing
At the end of 2017, the Serbian Competition Commission closed two antitrust investigations: one concerning bid rigging in the field of overhaul of rail vehicles and the other about vertical price fixing. In both investigations the Commission had used dawn raids to gather evidence.
Merger control
Nine new merger decisions
During the previous month, the Serbian Competition Commission rendered nine merger decisions. All were unconditional Phase I clearances.
State aid
Two new State aid decisions
During the previous month, the Serbian State Aid Commission issued two decisions: in one case the Commission in ex ante proceedings found a State aid scheme compatible while in the other it found that no State aid was involved (about the latter case, see immediately below).
State aid
The case of the Serbian Peaky Blinders: aid granted by Serbia’s state gas company ‘not State aid’
One of the very last decisions the Serbian Commission for the Control of State Aid rendered in 2017 was a finding that the aid which the national gas company Srbijagas awarded to the production of a popular TV series in Serbia was not State aid.
Other developments
The results of two sectoral investigations published
The Serbian Competition Commission has issued the results of two sectoral investigations, for the following markets:
Other developments
The purchase and export of raspberries
Serbia is one of the largest producers of raspberries in Europe and in this sectoral investigation the Commission examined whether there are indications of any anti-competitive practices with respect to the purchase and export of raspberries. In the end, it did not find any such indication.
Other developments
Software and computer equipment
The Commission examined the Serbian IT market and within it established two relevant markets: the market for the wholesale of software and the market for the wholesale of hardware. The Commission in particular focused on the public procurement aspects of these markets.
Montenegro
Year in review
Competition law in Montenegro: 2017
During 2017, the activities of the Montenegrin competition authority continued to be focused on merger control, with antitrust enforcement a bit in the shadow. In the authority’s own words, one of the main obstacles towards a more effective competition law enforcement in Montenegro is the procedure for imposing fines for competition law infringements.
Merger control
Four new merger decisions
During the previous month, the Montenegrin Competition Agency issued four merger decisions. All were unconditional Phase I clearances.
State aid
Two new State aid decisions
During the previous month, the Montenegrin State Aid Commission issued two State aid decisions. Both decisions were rendered in ex ante proceedings and both concerned State aid schemes. The schemes were found to be compatible with the Montenegrin State aid regulations.
State aid
Montenegrin competition watchdog to also cover State aid
Apart from antitrust and merger control issues, the Montenegrin Competition Agency will soon also be in charge of State aid control.
Bosnia and Herzegovina
Antitrust
Two new antitrust decisions
During the previous month, the Bosnian Competition Council issued two antitrust decisions:
- it opened a new restrictive agreements case against a Bosnian arms producer and the Government of the Federation of Bosnia and Herzegovina; and
- it established an abuse of dominance by a distributor of sport TV content (concerning the latter, see immediately below).
Antitrust
Again a fine concerning live coverage of English football in Bosnia
Live broadcasts of English Premier League have been before the Bosnian Competition Council several times already. The authority recently issued a new abuse of dominance decision in the matter, fining the Romanian company United Media Distribution approx. EUR 125,000. The Council established that the company abused its dominant position in Bosnia and Herzegovina by discriminating against one of the undertakings when negotiating the terms of distribution of certain sport channels which broadcast English football in the country.
Merger control
Two new merger decisions
During the previous month, the Bosnian Competition Council issued two merger decisions: in one it established that no notifiable concentration arose while in the other it opened a Phase II investigation. The Phase II case concerns a concentration between Coca-Cola HBC of Serbia and MB Impeks, a Bosnian company.
Merger control
Bosnia to change merger filing fees?
Compared to its neighbors, Bosnia and Herzegovina has been known as a jurisdiction with relatively low merger filing fees. Will it stay like that if the proposed changes to the filing fees go through?
Other developments
Bosnia: an ethnic veto in competition law enforcement?
A peculiarity of competition law enforcement in Bosnia and Herzegovina is what could be called an ‘ethnic veto’ – there has to be a sort of an ethnic consensus within the competition authority in order for any decision to be adopted. And, combined with the rules limiting the maximum duration of proceedings before the Competition Council, this in practice may lead to the blockade in the watchdog’s competition law enforcement.
Macedonia (FYROM)
Merger control
Five new merger-related documents
During January, the Macedonian Commission for Protection of Competition issued five merger-related documents: four prior notifications of concentration and one merger clearance:
- Prior notifications: Solford Trading Limited (registered in Cyprus, ultimately controlled by KKR) - BHOTT TV (a Bosnian company active in the management of an OTT platform)
- Prior notifications: Aelius S.A.R.L. (registered in Luxembourg, ultimately controlled by Yankee Fundo De Investimento Multimercado - Investimento No Exterior) - Galenika a.d. (a Serbian pharmaceutical company)
- Prior notifications: Solford Trading Limited (registered in Cyprus, ultimately controlled by KKR) - IPTV Iliria (an OTT platform focusing on Albanian-speakers)
- Prior notifications: Pozavarovalnica SAVA d.d. (a Slovenian insurer) - NLB NOV PENZISKI FOND (a Macedonian voluntary pension fund)
- Merger clearance: PPRS Holdings Limited (registered in Cyprus, ultimately controlled by Abris Group) - Fertero Limited (registered in Cyprus, with subsidiaries active in the production of tissue paper products)
Originally sent by e-mail. Original issue (mailchi.mp) · gajin.rs