Competition Newsletter: March-April 2024

Antitrust

NCA sanctions collusion of coffee producers

The Serbian NCA has issued a rare cartel decision, finding that the two leading producers of ground coffee in Serbia had colluded to fix their price over a period of several years.

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Antitrust

Sectoral inquiry into the pellet market

The Serbian NCA has published its sectoral inquiry into the market for the sale of pellets. The NCA got interested in this market due to market disruptions, reflected in market shortages and price hikes. The sectoral report covers the period 2020-2022.

Merger control

Combination of coffee producers cleared conditionally

The same two coffee producers whom the Serbian NCA fined for price fixing had also notified their planned merger to the NCA. In the end, the NCA cleared their combination, although with strings attached.

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Merger control

A Phase II merger probe in the retail sector

The Serbian NCA has started a rare Phase II investigation, concerning a proposed combination between two leading retailers (shopping malls) in Novi Sad, Serbia's second biggest city. The outcome of Phase II will likely depend on the definition of the relevant product market, i.e. on the NCA's finding what retail formats exactly fall under the product market.

Antitrust

Mobile operators investigated for price collusion

The Montenegrin NCA has started an investigation against the country's three mobile operators, for alleged price collusion. What raised the NCA's eyebrows was that all three operators apparently raised the prices on the exact same date. The NCA started its probe based on a complaint by the country's telecoms watchdog.

Antitrust

Abuse of dominance probe launched

Apart from investigating the three mobile operators, the Montenegrin NCA has also started an antitrust investigation against the operator of the Montenegrin sea port of Bar. The investigation pertains to alleged refusal of the operator to deal with one of the logistics company, based on whose complaint the NCA started its probe.

Merger control

Fourteen new merger notifications

During March and April, the Montenegrin NCA announced the receipt of 14 new merger notifications:

• RWA International Holding GmbH (Austria) - AISLE 40 d.o.o. (Croatia)
• Aramco Overseas Company B.V. (Netherlands), EIG Management Company, LLC (USA) - MidOcean Holdings II, LP (UK)
• United Group Bulgaria EOOD (Bulgaria) - VIVA Corporate Bulgaria EOOD (Bulgaria)
• Poslovni sistem Mercator d.o.o. (Slovenia) - Engrotuš d.o.o. (Slovenia)
• SMA HOLDING Sh.p.k. (Albania) - Studio Moderna Crna Gora d.o.o.
• Open Pass Limited (Malta) - Iter STAK Stichting (Netherlands)
• Menzies Aviation (Europe) B.V. (Netherlands) - Flystar flight support d.o.o. (Montenegro)
• ALFI Renewables doo (Slovenia), MK Green Energy LTD (Cyprus) - Suntastic One doo (Serbia), Suntastic Two doo (Serbia)
• NOVA LJUBLJANSKA BANKA d.d. (Slovenia) - SLS HOLDCO d.d. (Slovenia)
• CEE-BIG B.V. (Netherlands) - NEPI Real Estate Project One d.o.o. (Serbia)
• Jugopetrol ad (Montenegro) - Marina Bar ad (Montenegro) [assets]
• Generali CEE Holding B.V. (Netherlands) - 4LIFEDIRECT SP.Z.O.O. (Poland)
• Generali Italia S.p.A. (Italy), Gruppo San Donato S.p.A. (Italy), GK Holding Italia S.r.l. (Italy) [JV]
• Meritus ulaganja d.d. (Croatia) - M Plus Croatia d.o.o. (Croatia)

State aid

Two decisions on incompatibility of state aid

The Montenegrin NCA, which is also in charge of state aid control in the country, has issued two interesting incompatibility decisions. Specifically, it has found that unlawful state aid had been given to Toscelik by Montenegro's incumbent electricity provider and to a rehabilitation institute in Igalo by the ministry of finance. In both cases, the NCA instructed the providers of state aid to collect the state aid amounts from the recipients.

Merger control

A fine for late filing imposed

The Bosnian NCA has cleared in Phase I a JV between Volvo Business Services International“ AB (Sweden) and Renault s.a.s. (France), concerning the production of light commercial vehicles. However, since the parties did not submit their merger notification within 15 days from the signing of a binding transaction document, the Bosnian NCA imposed on them a fine of BAM 50,000 (approx. EUR 25,000). So if you are to file in Bosnia and Herzegovina, make sure you do so on time.

Merger control

Three new merger notifications

During March and April, the Bosnian NCA announced the receipt of three new merger notifications:

• Open Pass Limited (Malta) - Fortenova Group MidCO B.V. (Netherlands)
• Končar – Ulaganja d.o.o. (Croatia) - Napredna energetska rješenja d.o.o. (Croatia), Dalekovod d.d. (Croatia)
• NLB Skladi' d.o.o. (Slovenia) - Generali Investments a.d. (North Macedonia)

Merger control

Eleven new merger notifications

During March and April, the North Macedonian NCA announced the receipt of 11 new merger notifications:

• Allwyn AG (Switzerland) - Instant Win Gaming Ltd. (UK)
• Mondstein 511. GmbH (Germany) - alfer-aluminium GmbH (Germany)
• C E - Beteiligungs-GmbH (Germany), Mr. Richard Gartner (Austria) - Gartner Transport Holding GmbH (Austria)
• Piombino Group a.s. (Czechia) - URC Systems, spol. s r.o. (Czechia)
• Delta Real Estate doo (Serbia) - GP Rad (Serbia)
• Central Asia Metals Limited (UK) - Aberdeen Minerals Limited (UK)
• Neregelia Trading Limited - Nelt LLC (Kosovo)
• Yildirim International Investment Holding B.V. (Netherlands) - Komercijalna banka ad (North Macedonia) [assets]
• ALFI RE doo (Slovenia) - L33 doo (Slovenia) [assets]
• Aricoma a.s. (Czechia) - KCT Data s.r.o. (Czechia)
• Infranity Equity Fund SCA SICAV-RAIF (Luxembourg) - La Planchette Financière (France)

Merger control

Five new merger notifications

During March and April, the Albanian NCA announced the receipt of five new merger notifications:

• Open Pass Limited (Malta) - Fortenova Group MidCo BV (Netherlands)
• EURO-ALBA-EA SHPK (Albania) - EUROSIG SHA (Albania)
• Ambienta SGR SPA (Italy) - Officine Maccaferri SPA (Italy)
• STATKRAFT OIE doo (Croatia) - Neoen Renewables Croatia doo (Croatia), Fazan Sol doo (Croatia)
• Messer SE & Co. KGaA (Germany) - Resity Technologies doo (Serbia)