September 15 2011 Recent Competition Council activity Schoenherr | Competition & Antitrust - Bosnia and Herzegovina Competition & Antitrust In May 2011 the Competition Council approved a joint venture between oil and gas exploration companies Naftegazojava Innovacionnaja Korporacija and Naftna industrija Srbije. Although it approved the transaction, the council also fined both companies KM70,000 (appoximately €35,000) for breaching the suspension obligation.The council also recently initiated two investigations. First, it launched an investigation into an alleged merger between MG Mind and Tržnica which was not notified to the council. The council learned about the merger through a newspaper article which reported that MG Mind took over a more than 50% share of Tržnica in March 2011.The council also initiated investigation proceedings into Amadeus BH for alleged abuse of dominance. According to the council's conclusion on opening the proceedings, until October 2010 Amadeus BH was the only company providing a global distribution system for airfare ticketing in Bosnia and Herzegovina. In October 2010 Galileo Adriatic entered the market. The council is investigating whether Amadeus BH abused its dominant position through the subscriber agreements that it concluded with different tourist agencies. No detail on the content of these agreements was disclosed.The council has further closed investigation proceedings against several television stations (JP Radiotelevizija Federacije BiH, Pink BH Company, Mreža plus, OBN and Hayat TV). It declared that no abuse of a dominant position by the respective television stations had occurred on the market for television advertisement in Bosnia and Herzegovina. The investigation had been initiated following an allegation by JP Radiotelevizija Bosne i Hercegovine that the respective television stations were abusing their dominant positions by applying different advertising rates to different costumers. However, the council found no dominant position or collective dominance on the market for television advertising in Bosnia and Herzegovina. The highest estimated market share in this sector is OBN's 14.6% – much less than 40% needed to establish the existence of dominance. The council therefore dimissed the allegations of market dominance abuse.For further information on this topic please contact Srdjana Petronijević at Moravcevic Vojnovic Zdravkovic in cooperation with Schoenherr by telephone (+381 11 320 26 00), fax (+381 11 320 26 10) or email ([email protected]).