Competition Newsletter: January-February 2024

Antitrust

Collusion between coffee producers penalized

Following an antitrust investigation that started in 2021, the Serbian NCA has found that the two leading Serbian producers of ground coffee have colluded in violation of the law. Specifically, the NCA has established that the Atlantic Group and Strauss Adriatic had agreed and harmonized their business strategy by exchange of information regarding the price policy and future wholesale prices of ground coffee in Serbia. Accordingly, the NCA fined the two undertakings, with a combined fine of approx. EUR 2 million.

antitrust investigation that started in 2021

Merger control

A conditional clearance on the coffee market

In parallel with the antitrust investigation of the two coffee producers (see immediately above), the NCA was also examining a proposed merger between the same undertakings. Specifically, the NCA was examining in a Phase II procedure the proposed takeover of Strauss Adriatic by the Atlantic Group. Eventually, and simultaneously with the described antitrust decision, the NCA has decided to clear the notified transaction, with strings attached. Apart from some behavioral and reporting obligations, the conditions include the divestment of a coffee-producing facility. Since conditional clearances are a rare animal in Serbia, we will come back to this in more detail in one of the upcoming issues of our newsletter.

Merger control

Four new merger notifications

During January and February, the Montenegrin NCA announced the receipt of four new merger notifications:

• CSIC Longijang GH Gas Turbine Co., Ltd. (China) - MAN Energy Solutions SE (Germany), MAN Energy Solutions Schweiz AG (Switzerland) [assets]
• Messer SE & Co. KGaA (Germany) - Resity Technologies d.o.o. (Serbia)
• Volvo Business Services International AB (Sweden), Renault SAS (France) [JV]
• European Media Services Single Member S.A. (Greece) - Greek Yellow Pages Printed and Electronic Information S.A. (Greece)

Bosnian NCA gets new leadership

The Bosnian competition authority - the Council for Protection of Competition of the Republic of Serbia - has got a new leadership. Specifically, new members of the Council have been appointed and this body now includes the following persons: Ms. Adisa Begić, Mr. Ivo Jerkić, Mr. Vanja Malidžan, Ms. Ankica Gudeljević, Mr. Davor Savić, and Mr. Ninela Salihbašić. As a reminder, the Council has six members, appointed for a period of six years. Each year, a different member presides over the work of the Council.

Merger control

One new notification

During the last two months, the Bosnian NCA announced the receipt of one new merger notification:

• Volvo Business Services International AB (Sweden), Renault s.a.s. (France) [JV]

Merger control

22 new merger notifications

During January and February, the North Macedonian NCA announced the receipt of 22 new merger notifications:

• EON TV International Ltd. (Cyprus) - Elemental.TV EOOD (Bulgaria)
• Kansai Helios Coatings GmbH (Austria) - Weilburger Coatings GmbH (Germany)
• Končar - Ulaganja d.o.o. (Croatia) - Napredna energetska rješenja d.o.o. (Croatia)
• Telekom Serbia ad (Serbia) - Teledirekt doo (Serbia)
• Perutnina Ptuj doo (Slovenia), BALFIN sh.p.k. (Albania) [JV]
• Heinemann Africa GmbH (Germany), Jordanian Duty Free Shops Company (Jordan), Arab Supply & Trading Co. (Saudia Arabia) [JV]
• Telekabel dooel (North Macedonia) - Infel - KTV Ohrid doo (North Macedonia)
• Cariad SE (Germany) - Quartett mobile GmbH (Germany)
• Ken Bidco Limited (UK) - Kin and Carta PLC (UK)
• Assicurazioni Generali S.P.A. (Italy) - Generali China Insurance Company Limited (China)
• Messer SE & Co. KGaA (Germany), Delta Holding doo (Serbia) - Resity Technologies doo (Serbia)
• Ford Motor Company (USA), BMW (SD) Holding Corp. (USA), American Honda Motor Co., Inc. (USA) [JV]
• Todor Angushev (North Macedonia) - Energy Maintenance Solutions EMS doo (North Macedonia)
• Todor Angushev (North Macedonia) - Akvavat dooel (North Macedonia)
• Oilco KDA (North Macedonia) - Makpetrol ad (North Macedonia)
• Terna Forward S.r.l. (Italy) - Wesii S.r.l. (Italy)
• Triglav zdravje asistenca doo (Slovenia) - Eskulap doo (Slovenia)
• KER Toki Power AD (Bulgaria) - Renewable Energy Supply doo (North Macedonia)
• Generali CEE Holding BV (Netherlands) - 4 Life Direct Sp. z o.o. (Poland)
• Ultima Holding S.A. (Luxembourg) - BTB Holding Investments SA (Luxembourg)
• Avengiro s.r.o. (Czechia) - Avenga Holding Sarl (Luxembourg)
• SMA Holding SH.P.K. (Albania) - Studio Moderna dooel (North Macedonia

Antitrust

Investigation in the dairy market

The Albanian NCA has started an antitrust probe against four companies active in the market for the production and wholesale of milk and dairy products in Albania. Specifically, the NCA suspects that the undertakings, having substantial market shares on the relevant market, may have abused a dominant position within the meaning of the Albanian Competition Act. The NCA’s investigation will cover the time period from January 1, 2022, to December 31, 2023.

Merger control

Nine new merger notifications

During January and February, the Albanian NCA announced the receipt of nine new merger notifications:

• Statkraft UK Ltd (UK) - ILI (Highlands PSH) Limited (UK)
• Agna SHA (Albania), Larti SHPK (Albania), Fix Pro SHPK (Albania) [JV]
• Aramco Overseas Company BV (Netherlands), EIG Management Company LLC (USA) - MidOcean Holdings II LP (UK), MidOcean Energy LLC (USA)
• Statkraft European Wind and Solar Holding AS (Norway) - Enerfin Sociedad de Energia SL (Spain)
• Intesa Sanpaolo SpA (Italy) - First Bank SA (Romania)
• Terna Forward Srl (Italy), DXT Commodities SA (Switzerland), Mr. Mauro Migliazzi (Italy) - WE SII Srl (Italy)
• Ultima Holding SA (Luxmbourg) - BTB Holding Investments SA (Luxembourg)
• SMA Holding SHPK (Albania) - Studio Moderna Albania SHPK (Albania)
• Ford Motor Company (USA), BMW (US) Holding Corp. (USA), American Honda Motor Co., Inc. (USA)