Competition Newsletter: September-November 2022

Antitrust

Distribution of Apple products investigated

The Serbian NCA has started an antitrust investigation against related companies Apcom from Hungary and Apcom Distribution from Belgrade, due to a suspicion that they have been fixing the resale prices of “Apple” products in Serbia. As part of the investigation, the NCA carried out unannounced inspections (dawn raids) at four locations. By looking at publicly available data, the NCA found that the prices of individual products of the “Apple” brand in Serbia are uniform, regardless of whether the retailers have the status of “Apple” authorized seller or not, and regardless of the sales channel. The NCA also observed that, in addition to being uniform, the prices of “Apple” products in Serbia are also higher compared to the prices in the neighboring countries.

Antitrust

Food delivery app in abuse of dominance probe

The Serbian NCA has started an abuse of dominance probe against Glovoapp Tecchnology doo Belgrade (Glovo), which operates a food delivery platform. As part of the probe, the NCA also carried out unannounced inspections (dawn raids) on the company’s premises. The NCA suspects that the provisions in the contracts concluded by Glovo with its partners are such that could result in the exclusion or hindering the expansion of other competitive platforms. The NCA also suspects that certain provisions in Glovo’s agreements may result in discrimination of its partners, through the application of unequal commercial conditions.

Merger control

Three new gun-jumping investigations

The Serbian NCA has stepped up its gun-jumping enforcement, by launching three new probes into failures of parties to notify their transactions in Serbia. Specifically, the NCA is investigating private security company Dobergard for two alleged gun-jumping violations and a company from Delta group for one alleged violation.

Antitrust

Agreement for bottling of Pepsi Cola individually exempted from prohibition

The Montenegrin NCA has individually exempted an exclusive agreement for the bottling of Pepsi Cola, entered into between PepsiCo, Inc. (USA) and Knjaz Miloš a.d. (Serbia). The NCA granted the exemption for a period of five years. As a reminder, the Montenegrin antitrust system allows for individual exemption of restrictive agreements that do not qualify for a group (block) exemption.

Merger control

Seven new merger decisions

During November, the Montenegrin NCA published seven new merger decisions:

• Abu Dhabi National Energy Company, PJSC (UAE) - Abu Dhabi Future Energy Company PJSC (UAE)
• HIFA OIL CG d.o.o. (Montenegro) - Eventus d.o.o. (Montenegro) [assets]
• Volkswagen AG (Germany) - EVAG Emder Verkehrs und Automotive GmbH (Germany), ELAG Emder Lagerhouse und Automotive GmbH (Germany)
• United Media S.à.r.l. (Luxembourg) - Hostafrano Limited (Cyprus)
• MNA Gaming d.o.o. (Montenegro) - Multimat d.o.o. (Montenegro) [assets]
• MKG Properties Limited (Cyprus) - Blondstone Group Limited (Cyprus)
• Vlasinka d.o.o. (Serbia) - Homoljska voda d.o.o. (Serbia)

Merger control

Two new merger notifications

During November, the Bosnian NCA announced the receipt of two new merger notifications:

• Telemach BH d.o.o. (Bosnia and Herzegovina) - TX TV d.o.o. (Bosnia and Herzegovina)
• BC Partners Management XI Limited (Guernsey), Bain Capital Investors, L.L.C. (USA) - Fedrigoni S.p.A. (Italy) [JV]

Merger control

Eight new merger notifications

During November, the North Macedonian NCA announced the receipt of eight new merger notifications:

• LEO II.-VV11 GmbH (Germany) - Vitesco Technologies Emitec GmbH (Germany)
• Nelt Co. d.o.o. (Serbia) - SelfNest d.o.o. (Serbia)
• General SFC Sarl (Luxembourg), CURA Vermögensverwaltung GmbH (Germany) - T-C PEP Property Sàrl (Luxembourg)
• W.A.G. payment solutions, a.s. (Czechia) - Grupa Inelo S.A. (Poland)
• ALFI PE d.o.o. (Slovenia) - ZVC Lipej - Šerbec (Slovenia)
• Mercator-CG d.o.o. (Montenegro) - Franca Marketi d.o.o. (Montenegro)
• Česká spořitelna, a.s. (Czechia) - Sberbank CZ, a.s. (Czechia)
• BIG Energia Holdings Kft. (Hungary) - Sky Solar doo (North Macedonia)