Competition Newsletter: January 2022

Main developments in competition law and policy in 2021: Western Balkans

What were the main competition developments in the Western Balkans in 2021 and what to expect in 2022?

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Antitrust

Inv

estigation against coffee producers broadened. We have reported earlier that the Serbian NCA is investigating two leading producers of ground coffee in Serbia for allegedly coordinating their pricing strategies. Now, the NCA has broadened its investigation, by extending the period during which the alleged unlawful coordination took place. Specifically, the NCA was initially focusing on the period 2017-2021; however, after uncovering certain earlier communication about pricing, the NCA will now look back as far as 2014 to try to establish foul play by the coffee makers.

earlier

Antitrust

A vertical agreement found unlawful

The Montenegrin NCA has established that a distribution agreement between Montenegrin DMD DELTA d.o.o. Podgorica and several Diageo entities, incorporated in the Netherlands, Ireland, Scotland, and USA, respectively, had amounted to an unlawful vertical agreement. The NCA also declared the distribution agreement, covering Serbia and Montenegro, null and void.

Antitrust

Agreement in pharma sector individually exempted

The Bosnian NCA has individually exempted an agreement in the pharma sector, entered into between German company Stada Arzneimittel and French company Opella Healthcare International SAS. Unlike the modern EU law, Bosnia and Herzegovina still has a system of individual exemption based on prior notification to the competition authority. At the moment, no additional information about the exempted agreement is available.

Merger control

Fourteen new merger notifications

During January, the North Macedonian NCA announced the receipt of 14 new merger notifications:

• DW Reusables doo (Croatia) - Stražaplastika ad (Croatia)
• NIS ad (Serbia) - HIP PETROHEMIJA ad (Serbia)
• DGL International (UK) LTD (UK) - DP JUB dd (Slovenia)
• Daimler Truck AG (Germany), Traton SE (Germany), Volvo AB (Sweden) [JV]
• Telemach doo (Slovenia) - Kabelsko razdelilini sistem doo (Slovenia)
• Serbia Broadband - Srpske kablovske mreže doo (Serbia) - Polaris Media doo (Serbia)
• Erste Bank Hungary Zrt. - Commerzbank Hungary Zrt.
• ALFI DIY CEE (Slovenia) - Merkur trgovina d.o.o. (Slovenia)
• ALFI PE d.o.o. (Slovenia) - Veterinarna bolnica Slovenska Bistrica d.o.o. (Slovenia)
• ALFI PE d.o.o. (Slovenia) - Veterinarska postaja Šmarje pri Jelšah d.o.o. (Slovenia)
• Veterinarna bolnica Slovenska Bistrica d.o.o. (Slovenia) - Veterinarna bolnica i aptekarska stanica Lenart d.o.o. (Slovenia)
• Veterinarna bolnica Slovenska Bistrica d.o.o. (Slovenia) - Klinika za male živali Maribor d.o.o. (Slovenia)
• Cinesite Media Holdings Ltd (UK) - FX3X Cinesite d.o.o. (North Macedonia)
• LG Electronics Inc. (Korea), SM Entertainment Co. Ltd. (Korea) [JV]