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Competition newsletter

Competition Newsletter: May 2018

May 2018 · 5 June 2018 · 18 items

During May, Serbia was the most active antitrust jurisdiction in the Balkans. Inter alia, the Serbian NCA has opened an antitrust investigation against a Polish sports equipment company, published guidance on dawn raids, and terminated antitrust proceedings against the Serbian Bar Association.

Other notable developments include an overview of the Serbian NCA's merger control activity during Q1 2018 and the publication of a sector inquiry into the food retail market.

Serbia

Antitrust

Antitrust probe against a Polish sports equipment company

The Serbian NCA has started an antitrust investigation against a Polish company Polanik Sp. z o.o. and its Serbian distributor (GR Sport). Allegedly, the parties entered into a restrictive exclusive distribution agreement which they did not notify to the NCA.

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Antitrust

The NCA publishes its guidance on dawn raids

After conducting dawn raids for a few years already, the Serbian NCA has recently published a guidance about the rights and obligations of undertakings facing unannounced inspections.

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Antitrust

Antitrust probe against the Serbian Bar Association terminated

The Serbian NCA has abandoned its case against the Serbian Bar Association, initiated back in 2014. The case concerned the setting of bar admission fees, payable by lawyers wishing to be admitted to the practice of law.

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Merger control

Seven new merger decisions

During the previous month, the Serbian NCA published seven merger decisions, all unconditional Phase I clearances.

Merger control

Merger control in Serbia: Q1 2018

We have prepared an overview of the Serbian NCA's merger control activity during the last quarter.

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State aid

Seven new State aid decisions

During May, the Serbian State aid authority published seven new State aid decisions - four concerning individual aid and three concerning State aid schemes.

State aid

The total amount of approved aid amounted to approx. EUR 194 million

The largest contributor to this amount was a scheme of investment support worth around EUR 100 million (aimed at attracting foreign investments).

Other developments

Retail market in Serbia: Delhaize and Agrokor stand out

The Serbian NCA has recently conducted a sector inquiry into the Serbian retail food market. The NCA has now published some of its findings, which contain interesting information about the structure of the market.

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Montenegro

Antitrust

Montenegrin NCA on a market analysis offensive

The NCA has recently conducted three market analyses and based on the findings started one new cartel case.

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Merger control

Two new merger decisions

During the previous month, the Montenegrin NCA published two new merger decisions, both unconditional Phase I clearances.

State aid

One new State aid decision

During May, the Montenegrin State aid authority published one new State aid decision (concerning support to investors in a Montenegro municipality).

Bosnia and Herzegovina

Antitrust

One new individual exemption granted

The Bosnian NCA has granted an individual exemption from prohibition to a restrictive agreement between Coca-Cola HBC Serbia and MB Impeks (Bosnia and Herzegovina).

Antitrust

One antitrust claim against BH Telecom rejected, another being investigated

The Bosnian NCA has terminated an antitrust proceeding against the Bosnian telecom incumbent BH Telecom. The proceeding had been initiated based on a complaint by another telecom operator in Bosnia - Telemach. However, apart from good news, there is also bad news this month for BH Telecom, as the Bosnian NCA has just started another antitrust proceeding against the company, upon complaint by telecom operator Europronet Bosnia.

Antitrust

Another abuse of dominance case

The Bosnian NCA has started an antitrust investigation against the company Tesla d.d. (Bosnia and Herzegovina). The proceeding was started upon a complaint by a Bosnian company Bill Colour Metal.

Merger control

One new merger notification

During May, the Bosnian NCA announced the receipt of one new merger notification:

  • Mtel a.d. Banja Luka (Bosnia and Herzegovina) - Telrad Net d.o.o. Bijeljina (Bosnia and Herzegovina).

Macedonia (FYROM)

Merger control

Seven new merger notifications

During May, the Macedonian NCA announced the receipt of seven new merger notifications:

  • Teva Pharmaceuticals Industries (Israel) - PGT Healthcare LLP (USA);
  • LG Electronics, Inc. (Korea) - ZKW Holding GmbH (Austria) / Mommert Gewerbeimmobilien Verwaltungs GmbH (Austria);
  • Siemens AG (Germany) - Alstom SA (France);
  • Triglav INT d.d. (Slovenia) - Raiffeisen mirovinsko osiguravajuce drustvo d.d. (Croatia);
  • Fero Invest doo (Macedonia) - MHE Jablanica doo (Macedonia);
  • Adient US LLC (USA) / THE BOEING COMPANY (USA);
  • Sport Vision doo (Bosnia and Herzegovina) - Sport Vision doo (Montenegro).

General

Merger control in the Balkans: The basics

Basic information about the merger filing process in Serbia, Montenegro, Bosnia and Herzegovina, and Macedonia (FYROM)

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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)

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Originally sent by e-mail. Original issue (mailchi.mp) · gajin.rs