Latest updates
Impact of COVID-19 on Competition Authority operations
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 21 May 2020
On 17 March 2020 the government declared a state of emergency due to the COVID-19 pandemic. Despite the state of emergency, Competition Authority operations have continued. However, as office access is not permitted, only postal filings and submissions are accepted (ie, in-person filings are not allowed) and face-to-face meetings cannot be held. For now, the Competition Authority's filing and review deadlines remain unaffected.
BiH Competition Council introduces new tariffs
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 22 November 2018
The Bosnia and Herzegovina Competition Council will apply new tariffs as from November 2018. Among these, the most significant are the increased merger control clearance fees, which have doubled. The council took inspiration for the new tariffs from those of other regional competition authorities, including the Serbian and Montenegrin commissions.
Competition Council – no concentration when company takes over competitor's premises
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 21 December 2017
The Competition Council recently took a stand regarding whether a situation in which a food retail company takes over a competitor's business premises and continues the same business activity in those premises constitutes a concentration. The council concluded that such situations should be notified as they are not considered concentrations according to the Competition Act.
New Competition Act expected in 2018
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 14 December 2017
The Competition Council of Bosnia and Herzegovina recently set out its objectives and priorities for 2018 in its 2018 Work Programme. One of the council's medium-term objectives is to make market regulation more efficient with the aim of strengthening competition protection. The council has also stressed its dedication to improving its expertise and administrative capacity.
New Competition Council members appointed
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 20 July 2017
The process for appointing new Competition Council members is now complete and operational. Specific and complex rules exist for the composition of the council and for it to pass decisions. Among other things, there must be two members representing each of the three constituent ethnic groups of Bosnia and Herzegovina (ie, two Serbs, two Bosnians and two Croatians).
Competition Council: 2016 at a glance
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 23 February 2017
The Competition Council's main activities in 2016 included issuing opinions and conducting proceedings pursuant to requests filed by undertakings or ex officio. A total of 50% of the cases filed were processed in 2016, while the remaining cases have been carried over to 2017. The council's total income from administrative fees in 2016 was KM234,574 (approximately €115,000), while collected fines reached KM624,492 (approximately €610,000).
Competition Council publishes 2017 work programme
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 08 December 2016
The Competition Council aims to improve its quality system in order to comply with EU legislation and enhance competition law enforcement in Bosnia and Herzegovina. The council's recently published work programme outlines its objectives and priorities for 2017 and ensures its transparency for business and expert communities. The council has stressed that certain issues may arise in the implementation of the work programme, which may affect relevant tasks and activities.
Non-compete obligations in merger control
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 30 April 2015
In a decision that could have significant implications on future practice, the Competition Authority recently reviewed non-compete obligations between parties to a merger. The concentration was cleared unconditionally. However, the non-compete obligations were considered to be severe restrictions of competition and the authority refused individual exemptions.
Competition Authority fines public institutions
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 09 October 2014
The Competition Council recently fined the Brčko Health Insurance Fund KM16,000 for restricting competition in the medicines supply market and the Federal Ministry of Health KM29,000 for restricting competition in the market for medical examinations of persons before and during employment.
Competition Authority's 2013 activities and what to expect in 2014
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 17 July 2014
The Competition Council has published its 2013 annual report and 2014 programme. The number of cases reviewed was 62.5% higher in 2013 than in 2012. It is clear that the council is facing an increased workload as a result of the liberalisation of markets which are becoming attractive for foreign investments. During 2014 the council intends to increase cooperation with competition bodies around Europe.
Bosnian Competition Authority fines Serbian beer producer
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 13 March 2014
The Competition Council recently fined Apatinska pivara for abuse of dominance. Proceedings were launched pursuant to the request filed by one of Apatinska pivara' distributors. Dejan Komerc claimed that Apatinska pivara violated competition rules by applying dissimilar conditions to equivalent transactions with different distributors. The council concluded that Apatinska pivara had abused its dominant position.
Competition Authority fines Coca-Cola and two other undertakings
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 20 February 2014
The Competition Council recently fined Coca-Cola and two other undertakings for breaching a notification deadline and implementing a transaction without obtaining council clearance. The parties jointly submitted the merger notification, but it was submitted with a two-year delay. The council finally cleared the concentration and found no negative effects on competition.
Competition Authority fines Republic of Srpska Health Insurance Fund
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 19 September 2013
The Competition Authority recently fined the Republic of Srpska Health Insurance Fund for concluding restrictive agreements with 150 pharmacies. The authority took a stand that this kind of condition represents a supplementary obligation that has no connection whatsoever with the respective agreement and prevented free access to the market for pharmacies.
Competition Authority fines Composers' Association
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 12 September 2013
The Competition Authority recently fined the Composers' Association for an abuse of dominance. The authority found that it had abused its dominant position by imposing unfair prices, applying dissimilar conditions to equivalent agreements with different parties and imposing supplementary obligations with no connection to the subject of the collective agreement on the use of music works by way of broadcasting.
Competition Authority fines company for late notification
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 18 July 2013
The Competition Authority recently approved a concentration on the Bosnian dairy product market by means of an acquisition of control by Besnier SA, France over Ljubljanske mlekarne dd, Slovenia. Both participants in the concentration are present on the Bosnian market through their subsidiaries. The authority also imposed a fine on Besnier for filing the notification after the statutory time limit.
Bosnian banks fined €1.2 million for abuse of dominance
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 31 January 2013
The Competition Council of Bosnia and Herzegovina recently fined a number of Bosnian banks for abuse of their dominant market position. The abuse occurred when the banks entered into restrictive exclusivity clauses in agreements with Western Union Network (France) SAS. The banks were fined over €1.2 million in total.
Competition Council rules against taxi law
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 08 November 2012
The Competition Council has found that some provisions of the draft Law on Transport by Taxi breach the Competition Act. The council held that the provisions limited competition by imposing different conditions on identical transactions, thus putting some taxi drivers in a less favourable position.
Government fined by Competition Council in pharmaceutical case
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 01 November 2012
The Competition Council recently held that a government decision setting out a list of essential medication necessary for healthcare covered by mandatory health insurance prevents, limits and distorts competition in the medication market. The government was ordered to ensure that there is no limitation on the number and origin of medications included on the list.
Competition Council fines Ministry of Education, Science and Youth
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 31 May 2012
The Competition Council of Bosnia and Herzegovina found that agreements concluded between the Ministry of Education, Science and Youth of the Canton of Sarajevo and the municipalities of Vogosca, Ilijas, Ilidza, Novo Sarajevo, Stari Grad, Novi Grad, Trnovo and Hadzici, relating to subsidised student transport services, were in breach of competition rules. As a result, the council imposed a fine of €13,000 on the ministry.
Competition Authority: 2011 Progress Report
Schoenherr- Competition & Antitrust
- Bosnia and Herzegovina
- 22 March 2012
After the European Union signed the Stabilisation and Association Agreement with Bosnia and Herzegovina , the Competition Authority demonstrated good faith by declaring the harmonisation of national legislation with the EU competition regime as one of its goals. However, the 2011 Progress Report concluded that "overall, preparations in the area of competition remain at an early stage."
