Before the summer break, the region's competition authorities have been fairly active in the field of antitrust, particularly the Serbian and Bosnian NCA, respectively. Interestingly, both the Bosnian and the Serbian NCA are investigating heating companies and their pricing policies.
Elsewhere, the level of merger control activity remains high across the region, with new merger decisions in all Balkan jurisdictions.
Serbia
Antitrust
Bid rigging investigation following dawn raids
Bid rigging is once again on the radar of the Serbian NCA: the authority has launched another bid rigging investigation, this time against seven undertakings active in the sale of office equipment. Specifically, concerning the supply of Konica Minolta equipment in the public procurement procedure. The investigation was preceded by dawn raids on five locations in Serbia.
Antitrust
Market test of commitments by a bus station
The Serbian NCA has published the text of commitments offered by an undertaking in an abuse of dominance probe. Specifically, the investigated company operates a bus station in Serbia and has been under antitrust scrutiny concerning the manner in which it charges for its services. If the market test does not show competition concerns, the NCA can be expected to suspend the proceeding based on the offered commitments.
Antitrust
Abuse of dominance probe against a heating company
The Serbian NCA has started an abuse of dominance probe against the company operating a heating plant in the city of Nis. Specifically, the NCA is investigating the company's pricing policy from an abuse of dominance perspective.
Merger control
Nine new merger clearances
During the previous month, the Serbian NCA cleared nine concentrations. All were unconditional Phase I clearances.
Other developments
Head of Serbian NCA meets Ms. Vestager
On the margins of the European Competition Day held in Sofia, the head of the Serbian NCA met with EU Commissioner Ms. Margrethe Vestager.
Montenegro
Merger control
Highest court confirms NCA's clearance of KKR's takeover of a local cable operator
Back in 2016, the Montenegrin NCA cleared in Phase I a transaction involving KKR & Co. L.P. as the acquirer and Montenegrin cable operator M-Kabl as the target. Rival telecom operators Montenegrin Telekom (part of Deutsche Telekom group) and Mtel (controlled by Telekom Serbia) challenged this decision before the Administrative Court. However, in June 2017 the Administrative Court dismissed the challenge as untimely and Montenegro's highest court has now confirmed such stance.
Merger control
Four new merger clearances, including PPF's acquisition of Telenor companies in CEE/SEE
During the previous month, the Montenegrin NCA cleared four transactions, all in Phase I. One of the transactions cleared was acquisition by PPF Group of certain Telenor companies in CEE/SEE, including Telenor's subsidiaries in Serbia and Montenegro, respectively.
Bosnia and Herzegovina
Antitrust
NCA starts antitrust proceedings upon request by Novartis
A specificity of antitrust enforcement in Bosnia and Herzegovina is its quasi-private character: an antitrust proceeding can be launched not only ex officio by the NCA but also upon request of an interested party (read more about this here). Recently, the Bosnian NCA started a proceeding against the Federal Health Ministry, upon request by Novartis.
Antitrust
Breach of antitrust rules by a heating company established
The Bosnian NCA has established that the Sarajevo heating company has breached antitrust rules both in the form of abuse of dominance and in the form of a restrictive agreement. The breach concerned the calculation and charging of fees for heating in Sarajevo.
Merger control
Knauf's acquisition of Armstrong World Industries enters Phase II
The Bosnian NCA has decided to open a Phase II investigation into planned acquisition of a part of the business of Armstrong World Industries (USA) by Knauf International GmbH (Germany). The target business covers the USA, EMEA and the Pacific regions, respectively. The NCA now has a maximum of six months (three plus three) to render a decision.
Macedonia (FYROM)
Merger control
During the previous month, the Macedonian NCA announced the receipt of five merger notifications
- Mitsui & Co., Ltd. (Japan) and Kansai Paint Co., Ltd. (Japan) - Kansai Helios Coatings (Austria)
- S&T AG (Austria) - certain divisions of Kapsch CarrierCom AG (Austria)
- United Media S.A.R.L. (Luxembourg) (part of KKR Group) - Direct Media doo (Serbia), Media Point (Serbia), Pink M (Montenegro), Pink BH (Bosnia and Herzergovina)
- Neotel doo (Macedonia) - Kanal 16 doo (Macedonia)
- Generali CEE Holding B.V. (Netherlands) - Adriatic Slovenica Zavarovalna druzba d.d.
General
Merger control in the Balkans: The basics
Basic information about the merger filing process in Serbia, Montenegro, Bosnia and Herzegovina, and Macedonia (FYROM)
Merger control in the Balkans: The app
An innovative online app for checking the merger filing thresholds in Serbia, Montenegro, Bosnia and Herzegovina, and Macedonia (FYROM)
Originally sent by e-mail. Original issue (mailchi.mp) · gajin.rs