September was a particularly busy month in Serbia, the highlight being the launch of an investigation against Mastercard. In addition, the NCA conducted dawn raids and opened an investigation against four pharmaceutical wholesalers and opened 172 new RPM cases.
In addition to the regular round-up of what's new in the Balkan jurisdictions, in this issue we also provide an overview of individual exemption decisions in Serbia during 2017.
Serbia
Antitrust
Mastercard investigated for its interchange fees in Serbia
The Serbian NCA has launched an investigation against Mastercard. According to a statement published on the NCA’s website, the watchdog is investigating whether Mastercard’s interchange fees applicable in Serbia amount to an illegal restrictive agreement under Serbian competition law.
Antitrust
Dawn raids in four pharmaceutical wholesalers, bid rigging probe launched
The Serbian NCA has started an investigation against four pharmaceutical wholesalers, for alleged bid rigging. The NCA has performed dawn raids in the case.
Antitrust
NCA opens 172 investigations in the baby equipment market
The Serbian NCA has started as many as 172 new investigations in the baby equipment market. Previously, the NCA had already opened six investigations in that market and is conducting a sector inquiry of that market. The alleged wrongdoing is RPM.
Antitrust
Individual exemption in Serbia: 2017
Serbia still has a system of individual exemption based on prior notification to the NCA. And since the NCA has recently published a summary of all exemption decisions it adopted during 2017, it may be interesting to look at these in more depth.
Merger control
Sixteen new merger decisions
During the previous month, the Serbian NCA rendered as many as 16 new merger decisions. All were unconditional Phase I clearances.
State aid
Three new State aid decisions
During September, the Serbian State aid watchdog published three new decisions, in which it cleared aid in the total amount of close to EUR 8 million. All cleared aid was investment aid in the form of subsidies.
Montenegro
A quiet month in Montenegro
All is quiet in Montenegro - nothing to report for the previous month.
Bosnia and Herzegovina
Antitrust
Abuse of dominance claim against BH Telecom rejected
The NCA has rejected an abuse of dominance claim against BH Telecom, a Bosnian telecom incumbent. The NCA rejected the claim as unfounded.
Antitrust
Individual exemption: an agreement between Bavaria N.V. Netherlands and Molson Coors under scrutiny
Bosnia still has a system of individual exemption of restrictive agreements based on prior notification to the competition authority. Following an application for individual exemption, the NCA has now opened an in-depth investigation concerning an agreement between Bavaria N.V. Netherlands and several Molson Coors companies (from Bosnia and Herzegovina, Croatia, Serbia, and Montenegro).
Merger control
A concentration between INA and Petrokemija cleared
The NCA has cleared a concentration whereby the Croatian company INA-Industrija nafte d.d. Zagreb is acquiring another Croatian company Prvo Plinarsko Društvo d.o.o. Vukovar. The relevant market in this case was the supply of mineral fertilizers in Bosnia and Herzegovina.
Macedonia (FYROM)
Merger control
During September, the Macedonian NCA announced the receipt of the following merger notifications
- Dr. Ing. h.c. F. Porsche Aktiegesellschaft (Germany), Schuler Aktiengessellschaft (Germany) (JV);
- Tymarsia Holdings Limited (Cyprus), Restrampello Holdings Limited (Cyprus) / Neregelia Trading Limited (Cyprus);
- Heineken Serbia (Serbia) / Valjevska Pivara (Serbia);
- Equinor Refining Norway AS (Norway) / Danske Commodities A/S (Denmark).
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