Alexandr Svetlicinii

On 21 June 2018 the Competition Council of the Republic of Moldova (CC) has concluded its investigation into the alleged abuse of dominant position in the form of refusal to deal on the part of the electricity supplier Gas Natural Fenosa Furnizare Energie SRL. Based on the principle of ne bis (...)

On 14 June 2018, the Competition Council of the Republic of Moldova (CC) has found that grain storage operator Cereale Cupcini SA has abused its dominant position by imposing excessive and discriminatory tariffs for loading/unloading services at its storage facilities. The CC’ investigation has (...)

On 14 June 2018, the Competition Council of the Republic of Moldova (CC) prosecuted the bus terminal operator Telautogar SRL for the abuse of dominant position in the form of imposing unfair trading terms on passenger bus operators. Telautogar SRL was the company managing the bus terminal in (...)

On 24 May 2018, the Competition Council of the Republic of Moldova (CC) found the Chisinau Municipal Council (CMC) in violation of Competition Act for imposing restrictions on the location of the street vending units . The CC’s investigation was prompted by the complaint of Alitela Prim SRL (...)

On 22 March 2018, the Competition Council of the Republic of Moldova (CC) prosecuted Vanro-Com SRL and Sardis Exim SRL for concluding an anti-competitive agreement, aimed at distorting and preventing competition by participating with rigged bids at the public tender, organized by the Chişinău (...)

On 21 February 2018, the Supreme Court of Justice (SCJ) of the Republic of Moldova has quashed the decision issued by the Competition Council (CC) in a case concerning the alleged refusal to deal on the market for lease of commercial premises at the Chisinau International Airport (KIV). SRL (...)

On 15 February 2018, the Competition Council of the Republic of Moldova (CC) found that Ozun-Cons SRL, Oztor SRL, Eurodeviz SRL have colluded on several occasions to participate with coordinated bids in the public tenders for the procurement of various construction works. The Project (...)

On 1 February 2018 the Competition Council of the Republic of Moldova (CC) found that the state-owned enterprise (SOE) entrusted with the management of the official publications has applied discriminatory tariffs for its publishing services in violation of competition law prohibiting (...)

On 1 February 2018 the Competition Council of the Republic of Moldova (CC) found that the municipal undertaking Apă-Canal Chișinău SA has abused its dominant position on the local market for water and sewage services by imposing unjustified tariffs for used water reception service and by (...)

On 25 October 2017 the Supreme Court of Justice (SCJ) of the Republic of Moldova has quashed the decision issued by the Competition Council (CC) in a case concerning the refusal to supply pharmaceutical products purchased in the context of public procurement by public hospitals and other public (...)

On 16 October 2017 the Competition Council (CC) fined three undertakings for the failure to submit to an on-site inspection and providing false or misleading information to the representatives of the CC thus obstructing the ongoing investigation. The Competition Law authorizes the CC to carry (...)

On 4 October 2017 the Supreme Court of Justice (SCJ) of the Republic of Moldova has upheld the decision issued by the Competition Council (CC) in a case concerning the refusal to supply pharmaceutical products purchased in the context of public procurement by public hospitals and other public (...)

On 28 September 2017 the Competition Council (CC) established the existence of the price fixing cartel on the market for in-cash currency exchange transactions on the basis of the high degree of coincidence of exchange rates applied by the undertakings concerned. Foreign exchange transactions (...)

On 24 August 2017 the Competition Council (CC) discovered the price-fixing cartel in the form of bid rigging at public tender for acquisition of road construction and repairs works announced by the state-owned enterprise. The fines imposed on undertakings involved were calculated taking into (...)

On 24 August 2017 the Competition Council (CC) held that the Ministry of Finance has violated competition law by endorsing the decision of the state-owned enterprise to accord favorable treatment to a private company in the gaming market. In 2014 the CC has commenced an investigation into the (...)

On 21 June 2017 the Competition Council (CC) found two undertakings liable for bid rigging in a public procurement of the equipment maintenance services. The case represents a rare instance of a successful leniency application securing the immunity from fine to the undertaking concerned. On 17 (...)

On 19 July 2017, the Supreme Court of Justice (SCJ) of the Republic of Moldova has clarified the procedural rules concerning the appointment of the members of the Competition Council (CC) in a case concerning the alleged discrimination at the workplace. The Moldovan Competition Law provides (...)

On 14 July 2017 the Competition Council of the Republic of Moldova (CC) closed the investigation into the alleged price fixing on the market for household electric appliances due to the presence of economic justifications. In the early 2015 the media discussed an unusual price spike on the (...)

On 29 June 2017 the Competition Council of the Republic of Moldova (CC) fined the state-owned public utilities company for the abuse of dominance in the form of restricting the supply of water and sewage services to the customer that did not agree to install the water meter of certain brand as (...)

On 4 November 2011 the Moldovan Competition Authority (CC) concluded its investigation into the alleged anti-competitive practices on the market for charter air passenger transport by accepting a series of commitments offered by the tour operators and airline companies involved. The case (...)

On 21 April 2016 the Moldovan Competition Authority (CC) has issued an infringement decisions against six suppliers of various pharmaceutical products for their failure to deliver the agreed quantities of medicines to the public health care institutions. The fines imposed on the undertakings (...)

On 16 May 2014, the Moldovan competition authority (CC) , completed an examination of the complaint submitted by six private banks concerning the decision of the Parliament to transfer the banking operations of all state institutions and state-owned undertakings to the state-owned bank Banca (...)

On 4 April 2014 the Moldovan competition authority (CC) found that a state-owned undertaking, the National Institute for Standardization and Metrology (INSM) , has abused its dominant position on the market for training and certification of metrology experts by obstructing market access and (...)

On 25 November 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the mobile telecom company IM Moldcell SA alleging the existence of an abuse of dominant position on the mobile telecommunications market on the part of the incumbent telecom operator Moldtelecom SA. The (...)

On 6 February 2014 the Competition Authority of Bosnia and Herzegovina (KV) in a repeated investigation has established an abuse of dominant position committed by the incumbent telecom operator BH Telecom d.d. The KV has sanctioned the dominant operator for delaying the execution of (...)

On 25 February 2011 the Competition Authority of Bosnia and Herzegovina (KV) closed its investigation into the alleged abuse of dominant position on the part of the dominant electricity distributor JP Elektroprivreda BiH d.d. and its 100% affiliate Eldis-tehnika d.o.o. The KV’s investigation (...)

On 17 June 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the mobile telecom company IM Moldcell SA alleging the existence of an abuse of dominant position on the mobile telecommunications market on the part of the incumbent telecom operator Moldtelecom SA. The (...)

On 5 December 2013 the Moldovan Competition Authority (CC) has confirmed the absence of dumping prices on the market for various telecommunications services (IPTV, fixed telephony and Internet). The no-infringement decision issued by the CC was based on the absence of anti-competitive effects (...)

On 12 October 2011 the Competition Authority of Bosnia and Herzegovina (KV) closed its investigation into the alleged abuse of dominant position on the part of the incumbent telecom operator Telekomunikacije RS a.d. The KV‘s investigation was prompted by a complaint lodged by an independent (...)

On 26 September 2013 the Moldovan Competition Authority (CC) has concluded an investigation into the alleged anti-competitive actions of the Chişinău Municipal Council (CMC) – a legislative body of the municipal administration of Moldova’s capital city. The CC’s investigation was prompted by a (...)

In 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the incumbent telecom operator Moldtelecom SA alleging the existence of an abuse of dominant position on the mobile telecommunications market committed by IS Orange-Moldova SA. The applicant submitted that (...)

On 26 September 2013 the Moldovan competition authority (CC) established that two undertakings Cartdidact SRL and Lexon Prim SRL engaged in bid rigging practices in order to share the relevant market in the context of the public procurement process carried out by the State University of (...)

On 26 September 2013 the Moldovan Competition Authority (CC) closed its investigation into the alleged anti-competitive actions of the Customs Service of the Republic of Moldova concerning the determination of the tariff positions for certain imported pharmaceuticals. The CC’s investigation (...)

On 12 July 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the telecom operator IM Moldcell SA alleging the existence of an abuse of dominant position on the mobile telecommunications market committed by IS Orange-Moldova SA. The applicant submitted that (...)

On 30 August 2013 the Moldovan Competition Authority (CC) has adopted a decision sanctioning travel agency SRL Voiaj International & Co for the refusal to provide CC officials access to the business premises during a ‘dawn raid’ and imposed a periodical penalty until the access is enabled. (...)

On 27 August 2013 the Romanian Competition Authority (CC) has published the results of its market inquiry concerning road construction, maintenance and affiliated services. This brief summarizes the major conclusions and recommendations included in the CC’s report. Based on the highway density (...)

On 17 July 2013 the Bulgarian Competition Authority (CPC) rejected the abuse of dominance complaints submitted by the pharmaceuticals traders against the National Health Insurance Fund (NZOK). In its two no-infringement decisions the CPC held that NZOK should not be viewed as undertaking in (...)

On 17 July 2013 the Bulgarian Competition Authority (CPC) prosecuted the producer of bottled sunflower oil Kaliakra AD (Kaliakra) and its distributors for engaging in the resale price maintenance (RPM) practices. The CPC’s investigation was commenced after the completion of the sector inquiry (...)

On 11 July 2013 the Bulgarian Competition Authority (CPC) prosecuted the sole provider of water and sewage services in the city of Vidin for abuse of dominant position in the form of refusal to deal – denial of access to its infrastructure and refusal to re-instate the supply. The CPC’s (...)

On 11 June 2013 the Competition Authority of Bosnia & Herzegovina (KV) found that a collecting society with exclusive right to collect royalties for broadcasting of musical works AMUS has abused its dominant position on the relevant market by applying discriminatory conditions towards (...)

On 8 May 2013 the Romanian Competition Authority (CC) concluded its investigation into the alleged abuse of dominant position in the pharmaceuticals wholesale market. Finding no evidence that would demonstrate that the manufacturer attempted to prevent the re-importation of its products into (...)

On 11 July 2013 the Bulgarian Competition Authority (CPC) prosecuted the dominant electricity supplier ENERGO PRO Sales AD (EP Sales) for an abuse of dominant position in the form of temporary termination of supply for the accumulated debts of its consumer – Water and Sewage Services Dobrich (...)

On 23 April 2013 the Bulgarian Competition Authority (CPC) sanctioned two municipal undertakings in the city of Pleven for imposing excessive tariffs on the bus operators for the usage of the city bus terminal. The CPC’s investigation was prompted by a complaint of a bus company Hebros Bus OOD (...)

On 18 April 2013 the Competition Authority of Bosnia & Herzegovina (KV) established that the Health Insurance Office of the Republic of Srpska (the Office) by adopting mandatory minimum wage requirements applied to the pharmacies participating in the reimbursement of medicines supplied to (...)

On 16 April 2013 the Competition Authority of Bosnia & Herzegovina (KV) released its annual report summarizing its competition law enforcement activities undertaken in 2012. Under the B&H Competition Act the KV’s annual report has to be approved by the Council of Ministers of B&H and (...)

On 31 March 2013 the Macedonian Competition Authority (KZK) released its annual report summarizing competition law enforcement activities carried out in 2012. It should be noted that until 13 November 2010 the KZK was acting pursuant to the old Competition Act, which provided for two distinct (...)

On 28 March 2013 the Croatian Competition Authority (AZTN) closed its investigation into the alleged abuse of dominant position by the public broadcasting company Hrvatska radiotelevizija (HRT) by accepting a number of behavioral commitments related to retransmission of television channels by (...)

On 24 December 2012 the Croatian High Administrative Court (VUS) upheld the infringement decision issued by the Croatian Competition Authority (AZTN) against a mobile telecom operator VIPnet concerning the anti-competitive agreements in the form of the maximum rebates allowed to the (...)

On 19 December 2012 the Croatian High Administrative Court (VUS) upheld the infringement decision of the Croatian Competition Authority (AZTN) against the Association of office supplies retailers (TUM) and its nine members that have infringed the national equivalent of Article 101 TFEU by (...)

On 11 December 2012 the Romanian Competition Authority (CC) concluded its investigation into the alleged abuse of dominant position on the market for the services rendered by the central securities depository by accepting a series of behavioral committments related to the pricing of the (...)

On 22 November 2012 the Macedonian High Administrative Court (VUS) upheld the infringement decision of the Macedonian Competition Authority (KZK) where the latter found that Macedonian Drivers Union (SVM) has infringed national equivalent of Article 101(1) TFEU by fixing prices for the (...)

On 22 November 2012 the Serbian Competition Authority (KZK) has cleared in a Phase II procedure a concentration in the market for retail trade in kiosks of cigarettes and other tobacco products, newspapers and prepaid cards of mobile phone operators. The specified concentration was cleared with (...)

On 7 November 2012 the Macedonian High Administrative Court (VUS) upheld the infringement decision of the Macedonian Competition Authority (KZK) where the latter found that the incumbent telecom operator Macedonian Telecom has infringed national equivalent of Article 102 TFEU by establishing (...)

On 6 November 2012 the Competition Authority of Bosnia & Herzegovina (KV) found that four Western Union agents have abused their collective dominant position on the market for fast money transfer services by including the exclusivity clauses in their cooperation agreements with the banks (...)

On 6 November 2012 the Competition Authority of Bosnia & Herzegovina (KV) found that four Western Union agents have abused their collective dominant position on the market for fast money transfer services by including the exclusivity clauses in their cooperation agreements with the banks (...)

On 25 October 2012 the Serbian Competition Authority (KZK) established that by including the resale price maintenance clause (minimum resale prices) in their distribution agreement Idea d.o.o. (distributor) and Swisslion Group d.o.o. (supplier) have concluded an anti-competitive agreement (...)

On 4 October 2012 the Competition Authority of Bosnia & Herzegovina (KV) qualified the actions of the Government of Federation of Bosnia and Herzegovina (the Government) that accorded preferential treatment to the domestically produced medicines under the national health insurance scheme as (...)

On 4 October 2012 the Competition Authority of Bosnia & Herzegovina (KV) rejected the complaint of the Association of renewable energy producers (APEOR) alleging the anti-competitive nature of the measures adopted by the Government of the Federation of Bosnia and Herzegovina (VFBiH) for the (...)

On 4 October 2012 the Croatian Competition Authority (AZTN) accepted the committments of the Croatian Autoclub (HAK) in relation to the non-competition clauses in the agreements for emergency technical assistance services and closed its investigation into the alleged anti-competitive practices (...)

On 5 September 2012 the Romanian Competition Authority (CC) has accepted behavioral committments of a dominant undertaking in the natural gas sector and closed its investigation into the alleged abuse of dominant position initiated under the national equivalent of Article 102 TFEU. In June (...)

On 4 September 2012 the Competition Authority of Bosnia & Herzegovina (KV) held that Serbian beer producer Apatinska pivara Apatin d.o.o.and one of its B&H distributors Dejan komerc d.o.o.entered into a series of anti-competitive agreements containing resale price maintenance (RPM) (...)

On 7 August 2012 the Competition Authority of Bosnia & Herzegovina (KV) prosecuted a local administration and a provider of cable TV services for the implementation of an anti-competitive agreement that inhibited the local administration from granting construction permits to the potential (...)

On 31 July 2012 the Competition Authority of Bosnia & Herzegovina (KV) established that the joint venture agreement concluded by the two cable TV providers for the operation of the common cable network did not constitute an anti-competitive agreement under the national equivalent of Article (...)

On 26 July 2012 the Croatian Competition Authority (AZTN) established that the Craftsmen Association of Osijek (UOOS) and its individual members have entered into an anti-competitive agreement with an objective to fix the retail price of white bread and thus infringed the national equivalent of (...)

On 22 June 2012 the Bulgarian Competition Authority (CPC) published the results of its sector inquiry into the market for sunflower seed and production and distribution of sunflower oil. The CPC’s ex officio investigation was initiated in February 2011 and was prompted by the unusually high (...)

On 22 June 2012 the Romanian Competition Authority (CC) concluded its investigation into the alleged abuse of dominant position on the bulk hanlding terminal services market. In the absence of the clearly defined situation of economic dependence between the parties and in the view of the (...)

On 6 June 2012 the Moldovan Supreme Court of Justice (CSJ) upheld the judgment issued by the Chisinau Court of Appeals (CAC) against the infringement decision of the Moldovan Competition Authority (ANPC) where the latter established the violation of the basic principles of competition (...)

On 25 May 2012 the Romanian Competition Authority (CC) has released for public consultation its 2011 annual report. Present note shall focus exclusively on competition enforcement activities carried out by the CC in 2011 without addressing its activities related to the state aids control, (...)

On 9 May 2012 the Macedonian High Administrative Court (VUS) upheld, as a second instance court, the infringement decision of the Macedonian Competition Authority (KZK) against the municipal undertaking JPKD Komunalec Strumica (Komunalec) for the abuse of dominant position on the funeral (...)

On 9 May 2012 the Macedonian High Administrative Court (VUS) upheld, as a second instance court, the infringement decision of the Macedonian Competition Authority (KZK) against the municipal undertaking JPKD Komunalec Strumica (Komunalec) for the abuse of dominant position on the funeral (...)

On 3 May 2012 the Bulgarian Competition Authority (CPC) prosecuted the Bulgarian Medical Association (BLS) for the adoption of minimum tariffs for medical appointments applied towards patients outside the national health insurance system. For the established infringement of the national (...)

On 7 March 2012 the Croatian High Administrative Court (VUS) upheld the infringement decision of the Croatian Competition Authority (AZTN) issued against the Croatian Composers’ Society (HDS-ZAMP) for abusing its dominant position on the market for collection of royalties for copyrighted music (...)

On 18 April 2012 the Competition Authority of Bosnia and Herzegovina (KV) established that public procurement infringements by the Sarajevo cantonal Ministry of Education, Science and Youth (the Ministry) resulted in restriction of competition on the passenger transport market. The KV found (...)

In April 2012 the Serbian Competition Authority (KZK) released its 2011 Annual Report, where it summarized its competition enforcement and related activities carried out in 2011. The principal feature of the KZK’s activity in 2011 was the application of the 2009 Competition Act, which replaced (...)

On 29 March 2012 the Croatian High Administrative Court (VUS) upheld the infringement decision issued by the Croatian Competition Authority (AZTN) against the exclusive supplier of KIA automobiles in Croatia Kia Motors Adria Group d.o.o. (KMAG) for obliging the authorized auto repairers to (...)

On 13 November 2010 the new Macedonian Competition Act has entered into force replacing the preceding Competition Act that has been in force since 2005. The new law introduced a number of substantive and procedural changes that have been aimed at harmonizing the Macedonian competition law with (...)

On 7 March 2012 the Croatian High Administrative Court (VUS) upheld the infringement decision of the Croatian Competition Authority (AZTN) issued against the wholesaler of the household electronics M SAN Grupa d.d.(MSG) for imposing the resale price maintenance obligations on one of its (...)

On 9 February 2012 the Croatian High Administrative Court (VUS) upheld the infringement decision of the Croatian Competition Authority (AZTN) issued against the sole supplier of jet fuel JET A-1 in Croatian airports INA-Industrija nafte d.d. (INA) for an exploitative abuse of dominant position (...)

On 28 February 2012 the Competition Authority of Bosnia & Herzegovina (KV) established that the Cantonal Government of Zenica-Doboj (Ze-Do Government) and the Cantonal Health Insurance Office of Zenica-Doboj (Ze-Do Office) by adopting a series of sector-specific regulations have restricted (...)

On 22 February 2012 the High Administrative Court (VUS) upheld the decision of the Croatian Competition Authority (AZTN), which found no anti-competitive practices in the distribution of Citroen automobiles in Croatia. The exclusive importer of Citroen automobiles in Croatia Citroen Hrvatska (...)

On 15 February 2012 the Moldovan Supreme Court of Justice (CSJ) upheld the judgment issued by the Chisinau Court of Appeals (CAC) against the infringement decision of the Moldovan Competition Authority (ANPC) where the latter found the existence of the concerted practices on the market for (...)

On 19 January 2012 the Serbian Competition Authority (KZK) prohibited the envisaged concentration on the sugar producing industry, which could lead to the creation of a duopoly (three-to-two) on the relevant market. On 9 August 2011 the KZK received a notification by the Serbian sugar producer (...)

On 23 December 2011 the Serbian Competition Authority (KZK) established that by including the resale price maintenance clause (minimum prices) in their distribution agreement Idea d.o.o. (distributor) and Swisslion Group d.o.o. (supplier) have concluded an anti-competitive agreement contrary to (...)

On 23 December 2011 the Serbian Competition Authority (KZK) imposed fines on the Serbian Association of Insurers (UOS) and its ten member insurance companies for the adoption and adherence to the UOS’s decision regulating the Casco auto insurance services. The fine for the adoption of the UOS’s (...)

On 22 December 2011 Competition Authority of Bosnia & Herzegovina (KV) established that Amadeus BH d.o.o., the provider of the computer reservations system Amadeus used by the travel agencies for booking the airline tickets, has abused its dominant position on the relevant market by (...)

On 21 December 2011 the Croatian Administrative Court upheld the infringement decision of the Croatian Competition Authority (AZTN) establishing the existence of concerted practices among newspaper publishers that led to uniform price increases. The case dates back to 2010 when the AZTN (...)

On 7 December 2011 the Moldovan Supreme Court of Justice (CSJ) upheld the two judgments issued by the Chisinau Court of Appeals (CAC) against the infringement decisions of the Moldovan Competition Authority (ANPC) where the latter alleged the existence of the concerted practices on the market (...)

On 24 November 2011 the Serbian Competition Authority (KZK) established that two bus operators, Lasta a.d. and Europa-Bus d.o.o. by concluding a pooling agreement concerning cooperation on the bus route Valjevo-Belgrade-Valjevo have committed an infringement of the national equivalent of (...)

On 24 November 2011 the Serbian Competition Authority (KZK) established that the two bus operators, Jeremic prevoz d.o.o. and Nis ekspres a.d. by concluding an agreement concerning joint transportation services and establishing uniform ticket prices have committed an infringement of the (...)

On 18 November 2011 the Romanian Competition Authority (CC) established that five taxi companies have conspired to set the uniform minimum tariff for the taxi transportation in the municipality of Baia Mare. The CC characterized the above action of the undertakings concerned as an (...)

On 17 November 2011 the Competition Authority of Bosnia & Herzegovina (KV) closed its investigation into the alleged existence of anticompetitive agreement between the incumbent telecom operator Telekomunikacije Republike Srpske a.d.(Telekom RS) and an independent provider of fixed (...)

On 4 November 2011 the Moldovan Competition Authority (ANPC) held that the actions of the Ministry of Transports and Road Infrastructure (MTID) led to restriction of competition on the market for international passenger transport. The ANPC’s investigation commenced on 29 July 2010 following the (...)

On 13 October 2011 the Croatian Competition Authority (AZTN) identified a number of anticompetitive agreements in the selective distribution system applied by the exclusive supplier of Mitsubishi automobiles in Croatia – Euro Rent Sport d.o.o. (ERS) - that could not be exempted under the BER in (...)

On 13 October 2011 the Croatian Competition Authority (AZTN) dismissed the complaint lodged by the cement importer ARMACOM d.o.o. against Institut IGH d.d., an organization authorized by the Ministry of Environmental Protection, Physical Planning and Construction (MZOPU) to provide inspection (...)

On 12 October 2011 the Competition Authority of Bosnia & Herzegovina (KV) closed its investigation into the alleged abuse of dominant position on the part of the incumbent telecom operator Telekom RS. The KV‘s investigation was prompted by a complaint lodged by an independent telecom (...)

On 12 October 2011 the Serbian Competition Authority (KZK) rejected the individual merger application of OST Holding Sudosteuropa GmbH(OST) (acquiring undertaking), which intended to acquire indirect control over the Serbian newspaper company Novosti. The KZK’s decision was based on the failure (...)

On 7 October 2011 the Romanian Competition Authority (CC) completed its investigation into the alleged anti-competitive practices on the market for access rights to the utility poles, which were used by the telecom operators for supporting their cable TV, Internet and fixed telephony networks. (...)

In October 2011 the Croatian Competition Authority (AZTN) has released its 2010 Annual Report where it summarized its law enforcement and related activities carried out in 2010. The year of 2010 carries special importance for the competition law development in Croatia on 1 October 2010 the new (...)

On 30 September 2011 the Romanian Competition Authority (CC) established the existence of the resale price maintenance (RPM) clauses in the distribution contracts concluded by SC Producție Zarah Modern SRL(PZM) with its distributorsSC Cargus Trans SRLandSC Getin Com SRLon the market for (...)

On 29 September 2011 the Competition Authority of Bosnia & Herzegovina (KV) issued an opinion in relation to the application of merger notification thresholds in cases involving foreign companies with or without presence on the domestic market. The KV’s opinion was prompted by the request (...)

On 22 September 2011 the Administrative Court upheld the infringement decision of the Serbian Competition Authority (KZK) finding an abuse of dominant position in the form of tying by the public company JKP Gradska groblja Kragujevac (GGK). The Court ruled that the KZK has correctly found that (...)

On 21 September 2011 the Croatian Competition Authority (AZTN) released the results of the sector inquiry on the market for milk and dairy products. The report is based on the data collected from 48 undertakings active on the market for purchasing raw milk from the producers and 14 undertakings (...)

On 8 August 2011 the Moldovan Competition Authority (ANPC) released its preliminary impact report on the changes that would be introduced by the adoption of the new Competition Act, which has been drafted by the ANPC and released for public consultation. The main reason behind the adoption of (...)

In August 2011 the Romanian Competition Authority (CC) completed and released for public consultation the results of sector inquiry on the market for production, transportation, distribution and supply of thermal energy in the municipality of Bucharest. The CC‘s report identified technical, (...)

On 27 July 2011 the Bulgarian Competition Authority (CPC) published the results of its sector inquiry on the market for automobile fuels covering the two most popular types: gasoline 95 and diesel. This sector inquiry launched by the CPC in March 2011 was prompted by the increase in fuel prices (...)

On 27 July 2011 the Bulgarian Competition Authority (CPC) published the results of its sector inquiry on the market for hotel services, which covered the demand-supply data and price dynamics of accommodation and catering packages offered in 26 Bulgarian communities during 2006-2010. In its (...)

On 27 July 2011 the Serbian Competition Authority (KZK) announced that according to the conclusions of the Peer review of Serbian competition law and policy carried out by the UNCTAD and published on 29 June 2011(the UNCTAD Report), Serbia has realized substantial progress in the field of (...)

On 22 July 2011 the Moldovan Parliament has amended the national merger control regime enforced by the Moldovan Competition Authority (ANPC) under the 2000 Competition Act. The introduced modifications narrowed down the types of “concentrations” that have to be submitted for the ANPC’s clearance. (...)

On 21 July 2011 the Croatian Competition Authority (AZTN) released the results of the sector inquiry on the market for distribution (wholesale and retail segments) of foods, drinks and hygienic products for households in 2010. In its report the AZTN focused primarily on the analysis of the (...)

On 21 July 2011 the Croatian Competition Authority (AZTN) established that the Association of office supplies retailers (TUM) and its nine members have infringed the national equivalent of Article 101 TFEU by concluding an informal agreement, which included inter alia market sharing and (...)

On 19 July 2011 the Croatian Competition Authority (AZTN) refused to revise its conditional clearance of MOL/INA concentration whereby the Hungarian petroleum company acquired the controlling interest in the Croatia’s national petroleum company. The revision of the initial clearance was (...)

On 7 July 2011 the Administrative Court has upheld the infringement decision of the Serbian Competition Authority (KZK) sanctioning the Veterinary Chamber of Serbia (VKS) for adopting minimum prices to be charged by its members. The judgment has reaffirmed the competence of the KZK to impose (...)

On 24 June 2011 the Chisinău Court of Appeals (the CAC) quashed the infringement decision of the Moldovan Competition Authority (ANPC) establishing the existence of concerted practices on the market for retail trade in oil derivatives. The CAC held that the ANPC failed to present sufficient (...)

On 20 June 2011 the Romanian Competition Authority (CC) has cleared a healthcare merger subject to certain structural divestitures and behavioural commitments. The subject concentration was notified by SC Fresenius Nephrocare Romania SRL (Fresenius), which set out to acquire sole control over (...)

On 16 June 2011 the Croatian Government passed the Regulation on block exemption of the agreements in the transport sector (Transport BER) . Together with the adoption of the BER in insurance sector (Insurance BER), the Transport BER completes the reform of the secondary legislation, which was (...)

On 14 June 2011 the Competition Authority of Bosnia & Herzegovina (KV) established that the Assembly of Sarajevo canton and the Ministry of Transport of Sarajevo canton by adopting a series of sector-specific regulations have restricted competition on the market for taxi services on the (...)

On 9 June 2011 the Moldovan Competition Authority (ANPC) established the existence of bid rigging practices at the public tenders organized by the Medicines Agency (AMED) for the purchase of anti-diabetic medicines. In Moldova the purchase of pharmaceuticals for the needs of public hospitals (...)

On 9 June 2011 the Serbian Competition Authority (KZK) adopted the Guidelines on detection of bid rigging in public procurement. The Guidelines were modeled after the 2009 OECD Guidelines for fighting bid rigging in public procurement, which were designed to reduce the risks of bid rigging (...)

On 31 May 2011 the Bulgarian Competition Authority (CPC) published its 2010 Annual Report. While the 2010 report covers various areas of the CPC‘s activity including prosecution of unfair competition, competition advocacy and international cooperation, present review shall focus exclusively on (...)

On 31 May 2011 the Romanian Competition Authority (CC) held illegal the resale price maintenance clauses contained in the sales contracts concluded by a wholesaler of fresh fruits and vegetables in the municipality of Bucharest (SC Interfruct SRL) with two retailers (SC Albinuța Shops SRL, SC (...)

On 26 May 2011 the Serbian Competition Authority (KZK) has declared illegal the distribution agreement between Grand Prom a.d. (supplier) and Idea d.o.o. (distributor) granting to the distributor a 2% rebate for compliance with resale price maintenance policy set by the supplier in relation to (...)

On 19 May 2011 the Croatian Competition Authority (AZTN) found an exploitative abuse of dominant position in the discriminatory pricing applied by a petroleum company supplying jet fuel to the domestic airline companies. The AZTN‘s investigation was prompted by a complaint lodged in December of (...)

The current Law on Protection of Competition is applied by the Serbian Competition Authority (KZK ) from 1 November 2009. At the same time it took some time for the Government to adopt the secondary legislation that would regulate in more detail the substantive and procedural aspects of the KZK (...)

On 17 May 2011 the National Agency for Energy Regulation (ANRE) released the results of the periodical sector inquiry into the markets for import, wholesale and retail distribution of petroleum products during the first quarter of 2011. The markets for wholesale and retail trade in petroleum (...)

On 13 May 2011 the Moldovan Competition Authority (ANPC) held that seven private bus terminal operators were imposing economically unjustified (excessive) charges for their ticketing services and thus committed an exploitative abuse of dominant position pursuant to the national equivalent of (...)

On 12 May 2011 the Chișinău Court of Appeals (the CAC) quashed the infringement decision of the Moldovan Competition Authority (ANPC) establishing the existence of the concerted practices on the market for retail trade in oil derivatives. The CAC held that the ANPC failed to prove that seven (...)

On 9 May 2011 Serbian Competition Authority (KZK) rejected the appeal of OST Holding Sudosteuropa GmbH(OST) against KZK‘s decision to initiate an in-depth investigation into the OST’s proposed acquisition of indirect control over the Serbian newspaper company Novosti. In its decision KZK (...)

On 14 May 2012 the Bulgarian Competition Authority (CPC) published its 2011 Annual Report. While the 2011 report covers various areas of the CPC’s activity including prosecution of unfair competition, competition advocacy and international cooperation, present review shall focus exclusively on (...)

On 5 May 2011 the Competition Authority of Bosnia & Herzegovina (KV) rejected an abuse of collective dominance complaint lodged by the public TV operator Radiotelevizija Bosne i Hercegovine (BHTV) against a number of public and private TV companies (Radiotelevizija Federacije BiH (FTV), (...)

On 1 May 2011 the Macedonian Competition Authority (KZK) released the Guidelines on definition of the relevant market for the purposes of the Law on protection of competition. The newly adopted Guidelines filled in the gap, which appeared after the adoption of the new competition law in 2010. (...)

On 21 April 2011 the Croatian Competition Authority (AZTN) closed its investigation into the alleged abuse of dominant position by the leading insurance company Croatia osiguranje d.d. (Crosig). The AZTN found no abuse of dominance in the bundled insurance packages offered by Crosig stating (...)

On 21 April 2011 the Administrative Court has upheld the infringement decision of the Serbian Competition Authority (KZK) sanctioning the two leading dairy food companies Mlekara and Imlek (both controlled by Danube Foods Group BV) for an abuse of their joint dominant position on the market for (...)

On 19 April 2011 the Romanian Competition Authority (CC) accepted the commitments proposed by the Romanian Football Federation (FRF) and, one of its members, the Romanian Professional Football League (LPF) in relation to the joint selling of the media rights and thus closed its investigation (...)

On 22 April 2010 the Romanian Competition Authority (CC) has released its 2010 annual report. Present note shall focus exclusively on competition enforcement activities carried out by the CC in 2010 without addressing its activities related to the state aids control, competition advocacy, (...)

On 7 April 2011 the Bosnian & Herzegovinan Competition Authority (KV) fined the petroleum company OPTIMA Grupa d.o.o. (OPTIMA) for the failure to notify a concentration, which took the form of asset acquisition. The KV has thus reaffirmed that acquisition of assets falls under definition of (...)

On 31 March 2011 the Macedonian Competition Authority (KZK) released its annual report summarizing competition law enforcement activities carried out in 2010. It should be noted that until 13 November 2010 the KZK was acting pursuant to the old competition law, which provided for two distinct (...)

On 30 March 2011 the Macedonian Competition Authority (KZK) published the results of the sector inquiry evaluating the competitive conditions on the market for the wholesale and retail distribution of the liquefied petroleum gas (LPG) in 2010. This investigation was initiated in December 2010 (...)

On 29 March 2011 the Committee for trade and tourism of the Serbian National Assembly has reviewed and accepted the 2010 Annual Report submitted by the Serbian Competition Authority (KZK) where it summarized its competition law enforcement and related activities carried out in 2010. The (...)

On 22 March 2011 the Bulgarian Competition Authority (CPC) prosecuted the dominant electricity distributor E.ON Bulgaria Sales for the refusal to supply due to the existing debts accumulated by the previous owner of the facility supplied with electric energy. The CPC‘s investigation into the (...)

On 17 March 2011 the Serbian Competition Authority (KZK) has fined the Veterinary Chamber of Serbia (VKS) for adopting uniform minimum service fees to be applied by its members. The fine amounted to 7% of the VKS’s annual turnover in 2007 (RSD 1.243.690 or approx. EUR 12.330). The above (...)

On 15 March 2011 the Moldovan Competition Authority (ANPC) released its 2010 Annual Report, where it summarized its enforcement activities carried out in 2010 and outlined priorities for 2011. In 2010 the ANPC initiated 60 investigations (20 concerning abuse of dominance and 4 concerning (...)

On 11 March 2011 the Supreme Cassation Court of Serbia (VKS) quashed the judgment of the Administrative Court, which annulled the conditional merger clearance delivered by the Serbian Competition Authority (KZK) in the Delta Agrar/Florida Bel case. The VKS held inter alia that the rules on (...)

On 28 February 2011 the Serbian Competition Authority (KZK) initiated an ex officio investigation into the (anti)competitive effects of the potential acquisition by Telekom Austria of the majority shareholding (51%) in the Serbian incumbent telecom operator Telekom Srbija. Following the (...)

On 28 February 2011 the Serbian Competition Authority (KZK) initiated an ex officio investigation into the (anti)competitive effects of the potential acquisition by Telekom Austria of the majority shareholding (51%) in the Serbian incumbent telecom operator Telekom Srbija. Following the (...)

On 25 February 2011 the Competition Authority of Bosnia & Herzegovina (KV) rejected an abuse of dominance complaint lodged by Elektrokontakt SA d.o.o. (Elektrokontakt) against an electricity distributor, public undertaking JP Elektroprivreda BiH d.d. (Elektroprivreda) and its (...)

On 22 February 2011 the Moldovan Competition Authority (ANPC) established that I.C.S. RED Union Fenosa S.A. (Union Fenosa) has abused its dominant position on the market for supply and distribution of electricity at regulated tariffs by including an automatic notice of disconnection in its (...)

On 17 February 2011 the Moldovan Competition Authority (ANPC) established that 7 petroleum companies (ICS Lukoil Moldova SRL, ICS Petrom-Moldova SA, ICS Bemol Retail SRL, IM Rompetrol Moldova SA, IM Tirex Petrol SA, SC Parstar Petrol SRL, Valieximp SRL) engaged in a concerted practice of fixing (...)

On 27 January 2011 the Serbian Competition Authority (KZK) has sanctioned the public undertaking JKP Gradska groblja Kragujevac (GGK) for abusing its dominant position on the market for administration of cemeteries in the city of Kragujevac by way of leveraging its market power into the (...)

On 24 January 2011 the Serbian Competition Authority (KZK) fined the two leading dairy food companies Mlekara and Imlek (both controlled by Danube Foods Group BV) for the abuse of joint dominant position on the market for purchasing the raw milk from the dairy farms. For each of the two (...)

On 13 November 2010 the new Macedonian Law on Protection of Competition has entered into force replacing the preceding Law that has been in force since 2005. The new law introduced a number of substantive and procedural changes that have been aimed at harmonizing the Macedonian competition law (...)

On 22 December 2010 the Romanian Competition Authority (CC) completed its investigation into the possible abuse of dominance on the market for the cold drawn alloy steel bars manufactured by SC COST SA (COST). The CC’s investigation was prompted by a complained lodged by SC PCC STEROM SA (...)

On 16 December 2010 the Croatian Competition Authority (AZTN) completed its investigation into the royalties collecting mechanism administered by the national collecting society for copyrighted music – the Croatian Composers’ Society (HDS-ZAMP) and found no abuse of dominant position alleged by (...)

On 16 December 2010 the Croatian Competition Authority (AZTN) granted an individual exemption in relation to a non-compete obligation contained in a settlement agreement between international courier services providers Intereuropa sajam međunarodno otpremništvo d.o.o.(Intereuropa) and UPS (...)

On 2 December 2010 the Croatian Competition Authority (AZTN) established the existence of anticompetitive provisions in the auto repair services agreements concluded by the exclusive importer of KIA automobiles in Croatia Kia Motors Adria Group d.o.o. (KMAG) with its authorized auto repairers. (...)

On 15 June 2009 the Romanian Competition Authority (CC) initiated an investigation concerning the existence of anticompetitive agreements among several undertakings that provided accommodation and treatment services at the Olănești spa resort. The CC suspected that seven tourism companies have (...)

On 11 November 2010 the Croatian Government adopted the Regulation on setting the fines for competition law infringements (the Fining Guidelines), which is enforced by the Croatian Competition Authority (AZTN) starting from 27 November 2010. The Fining Guidelines were adopted under the new (...)

On 11 November 2010 the Croatian Government adopted the Regulation on immunity from or reduction of the fines for competition law infringements (the Leniency Guidelines), which is enforced by the Croatian Competition Authority (AZTN) starting from 27 November 2010. The Leniency Guidelines were (...)

On 13 November 2010 the new Macedonian Law on Protection of Competition has entered into force replacing the current law that has been in force since 2005. The new law introduced a number of substantive and procedural changes that have been aimed at harmonizing Macedonian competition law with (...)

On 4 November 2010 the Competition Authority of Bosnia & Herzegovina (KV) closed its investigation into the alleged abuse of dominant position on the part of the incumbent telecom operator BH Telecom. The KV‘s investigation was prompted by a complaint lodged by an independent telecom (...)

On 2 November 2010 the Romanian Competition Authority (CC) prosecuted the Body of Expert and Licensed Accountants of Romania (CECCAR) for publishing the minimum service fees to be applied by the CECCAR members. The CC held that setting of the minimum service fees amounted to price fixing (...)

On 10 October 2010 the Competition Authority of Bosnia & Herzegovina (KV) issued an opinion concerning application of the thresholds for mandatory notification of concentrations under the new Merger Regulation. Pursuant to Article 14(1) of the B&H competition law, a concentration (...)

On 15 September 2010 the Bulgarian Supreme Administrative Court (SAC) upheld the decision of the Bulgarian Competition Authority (CPC) establishing that the members of the Bulgarian Poultry Breeders Union (SPB) have infringed the national equivalent of Article 101 TFEU by coordinating prices (...)

On 7 September the Romanian Competition Authority (CC) held that fourteen private pension funds have infringed Article 101(1) TFEU by dividing their clients in violation of the sector specific regulation which prescribed a different procedure for the assignment of clients. The Romanian pension (...)

On 6 September 2010 the Macedonian Supreme Court upheld the infringement decision of the Macedonian Competition Authority (KZK) issued against the electricity company EVN Macedonia (EVN) for committing an abuse of dominant position on the market for electricity distribution. The case dates (...)

The Law on Protection of Competition is applied by the Serbian Competition Authority (KZK) from 1 November 2009. At the same time it took some time for the Government to adopt the secondary legislation that would regulate in more detail the substantive and procedural aspects of the KZK‘s (...)

On 2 August 2010 the Serbian Competition Authority (KZK) released the long-awaited Leniency Guidelines that regulate the procedure of application for and granting of immunity from fines or reduction of fines for participation in an anticompetitive agreement in violation of the national (...)

In August 2010 the Moldovan Competition Authority (ANPC) released its 2009 Annual Report, where it summarized its enforcement activities carried out in 2009 and outlined priorities for 2010. In 2009 the ANPC initiated 51 investigations and issued 89 decisions and 34 prescriptions. Within the (...)

On 30 July 2010 the Croatian Competition Authority (AZTN) released the results of the sector inquiry on the market for distribution (wholesale and retail segments) of foods, drinks and hygienic products for households in 2009. In its report the AZTN focused primarily on the analysis of the (...)

On 7 July 2010 the Bulgarian Competition Authority (CPC) established that the National Health Insurance Fund (NZOK) has abused its dominant position on the market for medicines reimbursed under the national health insurance scheme by imposing the maximum retail margins to be applied by the (...)

On 17 June 2010 the Romanian Competition Authority (CC) found five auto repairers in Slobozia, the capital city of the Ialomita county, liable for infringement of the national equivalent of the Article 101 TFEU for fixing their man-hour rates. In its decision the CC stated that the market for (...)

On 3 June 2010 the Bulgarian Competition Authority (CPC) finalized its investigation into the alleged existence of price coordination in the banking sector with the finding that the collected evidence did not allow to establish the existence of a cartel and that similarity in prices was (...)

On 3 June 2010 the Bulgarian Competition Authority (CPC) established that electricity supplier EVN Bulgaria Elektrorazpredelenie AD (EVN) committed an infringement of the national equivalent of Article 102(2)(d) TFEU. The CPC’s investigation was prompted by the complaint lodged by Yana AD (...)

Following a complaint submitted by the Association for Fair and Exhibition Services (the Association) in August 2009 the Bulgarian Competition Authority (CPC) initiated an investigation on the alleged abuse of dominance on the market for construction services rendered on the territory of the (...)

On 20 May 2010 the Bulgarian Competition Authority (CPC) issued the Guidelines on combating anticompetitive practices (the Guidelines), which was primarily addressed to the organizers of public tenders (state authorities and local administrations) in order to increase their awareness and (...)

On 10 May 2010 the five-member panel of the Bulgarian Supreme Administrative Court (SAC) pronounced its final word in abuse of dominance case brought by the Bulgarian Competition Authority (CPC) against the electricity distributor CEZ Distribution Bulgaria. The proceedings were prompted by the (...)

On 6 May 2010 the National Agency for Energy Regulation (ANRE) released the results of the periodical sector inquiry into the markets for import, wholesale and retail distribution of petroleum products during the first quarter of 2010. The markets for distribution of petroleum products are (...)

On 4 May 2010 the Bulgarian Competition Authority (CPC) concluded its investigation into the existence of anticompetitive practices on the national market for construction services and prosecuted the Bulgarian Construction Chamber (KSB) for the infringement of national equivalent of Article (...)

On 4 May 2010 the Macedonian Competition Authority (KZK) found that Macedonian Drivers Union (SVM) has infringed national equivalent of Article 101(1) TFEU by fixing prices for the mandatory technical certification services provided by its member organizations - local drivers clubs. The (...)

On 27 May 2010 the Bulgarian Competition Authority (CPC) presented its 2009 Annual Report to the national parliament. While the 2009 report covers various areas of the CPC’s activity including state aid control, prosecution of unfair competition and international cooperation, present review (...)

On 22 April 2010 the Romanian Competition Authority (CC) has released its 2009 annual report. Present note shall focus exclusively on competition enforcement activities carried out by the CC in 2009 without addressing its activity related to the state aids control, competition advocacy, (...)

On 8 April 2010 the Croatian Competition Authority (AZTN) identified a number of anticompetitive provisions in the selective distribution agreements concluded by exclusive supplier of Hyundai automobiles in Croatia - Hyundai auto Zagreb d.o.o. (HAZ) - that could not be exempted under the BER in (...)

On 31 March 2010 the Macedonian Competition Authority (KZK) released its annual report summarizing competition law enforcement activities carried out in 2009. Statistically, the workload of the KZK in 2009 was comparable to that reported for 2008: It initiated 3 investigations into the (...)

On 25 March 2010 the Bulgarian Competition Authority (CPC) accepted the commitments offered by E.ON Bulgaria Sales in order to prevent potential abuses of dominant position on the market for electricity distribution. The CPC’s investigation into the existence of unilateral practices on the (...)

On 25 March 2010 the Croatian Competition Authority (AZTN) established that eight publishers of daily newspapers violated national equivalent of Article 101 TFEU by entering into an anticompetitive agreement in the form of concerted practices, which led to the uniform increase of the retail (...)

On 24 March 2010 the Croatian Administrative Court upheld the decision of the Croatian Competition Authority (AZTN) finding an abuse of dominant position on the market for distribution of cigarettes. The applicants in this case, Adris grupa d.d. (former tobacco factory in Rovinj - Tvornica (...)

On 21 October 2009 the Competition Authority of Bosnia & Herzegovina (KV) received a complaint lodged by the pharmaceuticals trading company Pharma-Maac. The applicant alleged the existence of anticompetitive agreement between the Health Insurance Office of the Sarajevo Canton (hereinafter: (...)

On 23 March 2010 the Competition Authority of Bosnia & Herzegovina (KV) adopted its new 2010 Leniency Guidelines that replaced 2006 Leniency Guidelines with effect from May 2010. This note summarizes the changes introduced by the 2010 Guidelines and highlights the remaining problems in the (...)

On 18 February 2010 the Bulgarian Competition Authority (CPC) held that electricity supplier EVN Bulgaria Elektrosnabdiavane (ES) has committed an abuse of dominant position by terminating the supply of electricity due to the debts accumulated by the previous owner of the facility in the town (...)

On 8 March 2010 the Serbian Competition Authority (Komisija za zastitu konkurencije) (KZK) released its 2009 Annual Report, where it summarized its law enforcement and related activities carried out in 2009. The core event of the year of 2009 definitely was the adoption of the new Law on (...)

Preceding the completion of its 2009 Annual Report, which last year was finalized only in September, the Croatian Competition Authority (AZTN) on 25 February 2010 adopted its 2010-2011 Annual Plan aimed at informing the public about the competition authority’s goals and priorities for the (...)

On 18 February 2010 the Bulgarian Competition Authority (CPC) that single supplier of technical water in the city of Asenovgrad, Irrigation Systems has abused its dominant position by terminating the supply of technical water to one of its clients, Chimik. The facts of the case were as follows. (...)

On 16 February 2010 the Competition Authority of Bosnia & Herzegovina (KV) opened an investigation into the potential margin squeeze practices applied by the incumbent telecom operators BH Telecom and Telekom RS. The investigation was prompted by the complaint submitted by the independent (...)

On 9 February 2010 the Bulgarian Competition Authority (CPC) issued the Guidelines on assessment of commitments under competition law (the Guidelines), which contain substantive and procedural rules on presentation, assessment and acceptance of commitments within the framework of investigations (...)

On 27 January 2010 the Croatian Administrative Court upheld the decision of the Croatian Competition Authority (AZTN) imposing interim measures in the case of unilateral termination of the agreement on selective distribution of BMW automobiles. The applicant, Tomić & Co. d.o.o. (Tomic) was (...)

On 21 January 2010 the Croatian Administrative Court upheld the decision of the Croatian Competition Authority (AZTN) finding no abuse of dominant position on the market for bus transportation services in the municipality of Krapina. The AZTN’s investigation was prompted by the complaint lodged (...)

On 30 December 2009 the Croatian Competition Authority (AZTN) issued a conditional clearance to an acquisition by Konzum of a number of supermarkets belonged to Lokica, two wholesale and retail distributors with dominant market positions on the wholesale distribution market in Croatia and (...)

In December 2008 the Croatian Competition Authority (AZTN) received a complaint submitted by the consumer protection organization “Istrian Consumer”. The complainant alleged that four providers of residential management services in the city of Pula (Eki Inžinjering d.o.o., Uljanik Upravljanje (...)

On 18 December 2009 the Macedonian Competition Authority (KZK) found an abuse of dominant position on the market for waste disposal on the territory of Skopje municipality committed by the public undertaking Komunalna Higiena (KH). KH was the sole undertaking providing waste disposal services (...)

On 18 December 2009 the Macedonian Competition Authority (KZK) concluded its investigation on the market for radio advertising on the territory of Skopje municipality and concluded that three radio stations - Ros Metropolis Radio, City Radio and Club FM concluded an anticompetitive agreement by (...)

On 18 December 2009 the Macedonian Competition Authority (KZK) found an abuse of dominant position on the market for funeral services rendered on the territory of the municipality of Prilep. The municipal government entrusted the administration of cemeteries and provision of basic funeral (...)

In December 2009 the Macedonian Administrative Court has put a full stop in a lengthy litigation process between the Macedonian Competition Authority (KZK) and two mobile phone operators Cosmofon and T-Mobile Macedonia which according to the KZK have abused their dominant positions on the (...)

On 10 December 2009 the Macedonian Administrative Court has put a full stop in a lengthy litigation process between the Macedonian Competition Authority (KZK) and incumbent electricity provider Elektrostopanstvo, which according to the KZK has abused its dominant position on the market for (...)

On 5 November 2009 the Serbian Competition Authority (KZK) issued an ex officio opinion regarding new regulation of the insurance sector brought about by the Law on Obligatory Insurance , which entered into force on 12/10/2009. KZK was of the opinion that new law substantially restricted (...)

On 15 October 2009 DELTA M. d.o.o. (DELTA M) , Serbian company with operations in agribusiness, food processing, retail, distribution, automotive business, real estate development and financial brokerage applied to the Serbian Competition Authority (KZK) asking for clarification of the merger (...)

On 1 November 2009 the Serbian Competition Authority (KZK) began to apply the new Law on Protection of Competition. As a result of the substantial changes and introduction of new legal institutes, Serbian legislator entrusted the Government with the task of adopting new secondary regulations, (...)

On 1 April 2008 Romanian Competition Authority (CC) initiated a sector inquiry into the real estate transactions and related services in order to assess competitive conditions on the market and identify potential anticompetitive practices that might require CC’s intervention or changes in the (...)

On 15 October 2009 Zvonko Radovanovic, an attorney at law from Belgrade, asked Serbian Competition Authority (KZK) to clarify its rules on application of the leniency program. It should be noted that although current Law on Protection of Competition provides for immunity from fines for (...)

On 21 October 2009 Serbian Competition Authority (KZK) following an ex officio investigation annulled a decision of the Serbian Association of Insurers (UOS) setting minimum premium rates for motor vehicle liability insurance as anticompetitive agreement prohibited by the relevant provisions of (...)

On 21 October 2009 legal counsel of the Heinzel Group (Heinzel) Dr. Johannes Klezl requested Competition Authority of Bosnia & Herzegovina to express its opinion regarding Heinzel’s obligation to notify its acquisition of an Austrian company engaged in manufacturing of paper for magazines (...)

On 23 February 2010 the Serbian Competition Authority (Komisija za zastitu konkurencije) (KZK) published the results of the sector inquiry evaluating the competitive conditions on the market for the wholesale and retail distribution of the liquefied petroleum gas (LPG). This investigation was (...)

On 2 October 2009 Serbian Competition Authority (KZK) issued an opinion concerning the Government’s decision to reduce the number of medicines purchased by the medical institutions under the national health insurance scheme. KZK initiated its investigation following a complaint lodged by a law (...)

On 2 October 2009 Serbian Competition Authority (KZK) established existence of an anticompetitive agreement concluded by several bus companies for the purpose of limiting competition on regular bus routes between Serbia and Germany. Specified agreement labeled “Pool T-488” was concluded between (...)

On 29 September 2009 the Romanian Competition Authority published the results of it sector inquiry on the market for retail distribution of alimentary products, which was initiated in March 2008. The inquiry was narrowed down to several products, which have special importance in an average (...)

On 23 September 2009 Russian Competition Authority (FAS) established that leading manufacturer of mobile phones NOKIA has infringed Russian competition law by including recommended resale prices in its distribution contracts. Due to the fact that NOKIA has subsequently deleted “recommended (...)

On 14 September 2009 the Croatian Competition Authority (Agencija za zaštitu tržišnog natjecanja) (AZTN) released its 2008 Annual Report where it summarized its law enforcement and related activities carried out in 2008. One of the major developments of the Croatian competition law enforcement (...)

On 13 September 2010 the Macedonian Supreme Court upheld the infringement decision issued by the Macedonian Competition Authority (KZK) against the mobile phone operator Cosmofon for committing an abuse of dominant position on the market for mobile phone call termination on its own network. (...)

On 10 September 2009 Moldovan Competition Authority (ANPC) approved a cooperation agreement concluded between two leading sugar producers, Südzucker Moldova S.A. (Südzucker) and Gold Crown S.R.L. (Gold Crown), subject to conditions. Within the agriculture-oriented national economy of Moldova (...)

On 4 September 2009 National Agency for Protection of Competition (Agenţia Naţională pentru Protecţia Concurenţei) (ANPC) adopted a decision of non-intervention regarding the unfair competition practices observed in the banking industry. In November 2008 the ANPC initiated an investigation (...)

On 30 July 2009 the Moldovan Competition Authority (ANPC) following an investigation of competitive conditions on the agricultural markets in the Moldovan capital of Chisinau ordered the administrations of these markets to accord priority to the individual producers of agricultural products. (...)

In 2007 bus operator Planeta Trans o.o.d. (Planeta Trans) complained to the Bulgarian Competition Authority (CPC) that Avtobusni prevozi a.d. (Avtobusni prevozi), a bus terminal administration in the city of Pleven abused its dominant position by imposing unfair prices and trading conditions on (...)

Moldovan Competition Authority (Agenţia Naţională pentru Protecţia Concurenţei) (ANPC) in a press release informed the public about the establishing of dominance of three domestic airlines Air Moldova , Moldavian Airlines and Tandem Aero on the regulated routes operated by these companies on the (...)

On the basis of its grants program for stimulation of production and restructuring of the industry and mining sectors the Government of the Federation Bosnia & Herzegovina acted as co-investor in the establishment of the wood-processing joint venture “IP Krivaja 1884”, which incorporated IP (...)

On 17 July 2009 Serbian Competition Authority (Комисија за заштиту конкуренције) (KZK) after an in-depth investigation issued a conditional clearance of the merger uniting two leading European airlines : Lufthansa and Austrian Airlines . At the moment of the application for the merger clearance Lufthansa was already (...)

Market inquiries, which are conducted by the competition authorities independently from any ongoing investigations is common practice nowadays. Such inquiries allow the competition authority to obtain valuable information that could be used in future investigations and assessments. Market (...)

Iosini Ltd, an undertaking based in Stara Zagora, was distributor of the leading domestic tobacco manufacturer Bulgartabac. It distributed Bulgartabac’s products both on wholesale level selling to other distributors and on retail level through a network of its own retail locations. Bulgartabac (...)

On 8 July 2009 Serbia received its new Law on Protection of Competition , which shall replace the existing law from 1 November 2009. Preparation of the new law has been indicated as one of the priorities in the 2008 Annual Report of the Serbian Competition Authority (Комисија за заштиту (...)

On 8 July 2009 National Assembly of the Republic of Serbia (Народна скупштина Републике Србије) adopted the nation’s first Law on Control of State Aid . The law defines state aid as any public expenditure, which puts the recipient in privileged position in relation to its competitors and thereby distorts free market (...)

On 24 June 2009, the Croatian Parliament (Hrvatski sabor) adopted new competition law, which will be enforced by the Croatian Competition Authority (Agencija za zaštitu tržišnog natjecanja) (AZTN) from 1 October 2010. The adoption of the new law pursued two primary aims: 1) further harmonization (...)

In 2006 two companies, applicants in the present case, OAO “Gazenergoset” and OAO “Nizhnekamskneftkhim” have been found in violation of the competition law. Russian Competition Authority (Федеральная Антимонопольная Служба) (FAS) found that undertakings concerned participated in the concerted practices and (...)

On 22 June 2009 the Supreme Administrative Court of Bulgaria upheld the decision of the Bulgarian Competition Authority (CPC) that rejected the charges concerning abuse of dominant position committed by the National Railway Infrastructure Company (NRIC). The case originated from the complaint (...)

On 5 June 2008 the Administrative Council of the Serbian Association of Insurers (Udruženje osiguravača Srbije) (UOS) on the basis of the preceding opinion of its Commission for Motor Vehicles (Komisija za motorna vozila) adopted a decision regulating the Casco auto insurance services provided by (...)

On 18 June 2009 the Supreme Administrative Court of Bulgaria upheld the decision of the Bulgarian Competition Authority (CPC) , which prosecuted Heating Plant in the municipality of Ruse (HPR) for abuse of its dominant position on the market for production and distribution of thermal heating in (...)

On 17 June 2009 the Supreme Administrative Court of Bulgaria reviewed the decision of the Bulgarian Competition Authority (CPC) that prosecuted Sofiyska Voda (SV) , a water supply operator in Bulgarian capital of Sofia for abuse of dominant position. The facts of the case were as follows. Until (...)

On 9 April 2008 Russian Competition Authority (FAS) found two petrochemical companies ZAO “Gazpromneft Kuzbass” (Gazpromneft Kuzbass) and OOO “Tomsknefteprodukt” VNK (Tomsknefteprodukt) in violation of the national provision equivalent to Article 81 EC. Both companies were active on gasoline retail (...)

On 9 June 2009 Croatian Competition Authority (AZTN) issued its conditional approval in relation to the proposed merger of two petroleum companies: MOL Hungarian Oil and Gas Plc. (MOL) and INA Industrija nafte d.d. (INA). MOL was already holding 25% of the INA’s share capital from 2003 and now (...)

On 30 December 2008 Competition Authority of Bosnia & Herzegovina (Konkurencijsko vijece BiH) (KV) received a complaint submitted by MHS d.o.o. (MHS) alleging the abuse of dominant position committed by the public operator of postal services JP BH Posta (BHP) . MHS was a private company (...)

In March 2008, on the basis of the publicly available information, the Competition Authority of Bosnia & Herzegovina (Konkurencijsko vijeće BiH) (KV) learned about the merger of two construction companies active in the federal entity Republic of Srpska : Integral Inženjering a.d. (Integral (...)

Summary Serbian Competition Authority found anticompetitive the agreement between the Karate Federation of Serbia (KFS) and an exclusive importer of Adidas protective wear that mandated KFS athletes to use exclusively Adidas wear during the KFS-organized competitions. The agreement was (...)

Following numerous complaints lodged by the manufacturers of food products, the FAS initiated an investigation regarding the existence of the concerted practices among supermarket chains in the Republic of Tatarstan. The FAS discovered a number of similar or identical conditions in the (...)

On 8 December 2008 a Swiss investment company Ameropa Holding AG (Ameropa) was notified that as a result of public tender, it became a majority shareholder of the Romanian agricultural company SC Comcereal SA (Comcereal). As the transaction exceeded the turnover thresholds for mandatory (...)

Summary The Croatian Competition Authority ordered the exclusive importer of the BMW automobiles into Croatia Tomic & Co. d.o.o. to include its former distributor and repair service provider Simatic d.o.o. in the network of authorized spare parts retailers and repair service providers. (...)

The merger notified to the Competition Authority of Bosnia & Herzegovina (Konkurencijsko vijeće BiH) (KV) concerned acquisition by Klas d.d. (Klas) of control over Sprind d.d. (Sprind), both undertakings active on the market for bakery products. At the time of the notification Klas was (...)

On 31 March 2009 the Macedonian Competition Authority (Комисијата за заштита на конкуренцијата) (KZK) released its annual report summarizing competition law enforcement activities undertaken in 2008. Legislative amendments and secondary regulations In its Annual Report KZK applauded recent amendments of the competition law (...)

The Croatian Competition Authority (Agencija za zaštitu tržišnog natjecanja) (AZTN) established abuse of dominant position on the part of Zagreb Airport Ltd (Zračna luka Zagreb d.o.o. ) committed through its subsidiary Zagreb Airport Catering Ltd (Zračna luka Zagreb-Ugostiteljstvo d.o.o. ), which (...)

On 19 December 2008 SC AGIP Romania SA (AGIP), member of the Italian petrochemical group ENI SpA, acquired a number of gas stations in Romania, previously owned by SC MOL Romania Petroleum Products SRL (MOL). On 19 February 2009 AGIP notified specified economic concentration to the Romanian (...)

In September 2007 the Romanian Competition Authority (Consiliul Concurenţei) (CC) launched a sector inquiry on the market for cereals used in the bakery industry. The preliminary report was completed in February 2009 and released for public consultation in March. The CC invited interested (...)

The Moldovan Competition Authority found the existence of a cartel on the market for international motor insurance “Green Card” composed of five insurance companies Asito, Moldasig, Moldova Astrovaz, and Grawe Carat Asigurãri who fixed the prices for the Green Card insurance policies. On 3 March (...)

Summary The Romanian Competition Authority granted an individual exemption under Article 5(1) of the Competition Law n° 21/1996, a provision equivalent to Article 81(3) EC for a series of exclusive distribution contracts concluded between leading sugar products manufacturer SC Cadbury Romania (...)

The Serbian Competition Authority issued its 2008 Annual Report where it summarized its enforcement and other activities carried out in 2008. Anticompetitive Practices In 2008 the KZK analyzed 20 agreements submitted for the individual exemption by the parties. Twelve cases have been resolved (...)

On 19 February 2009 the Supreme Administrative Court of Bulgaria upheld the decision of the Bulgarian Competition Authority (CPC) that prosecuted the incumbent telecom operator - Bulgarian Telecom (BTC) for abuse of dominant position committed by tying its ADSL Internet and fixed voice (...)

Summary The Competition Authority of Bosnia & Herzegovina (Konkurencijsko vijeće) (KV) cleared a merger between two dial-up and broadband internet providers in the cities of Banja Luka and Prijedor imposing a fine for the submission of incorrect information by the merging parties. Facts (...)

Summary Addressing the challenge of constitutionality of certain provisions of the Competition Law regulating the investigative and decision-making powers of the Competition Council, the Romanian Constitutional Court adhered to its preceding jurisprudence and dismissed the applicants’ (...)

Summary The Macedonian Competition Authority prosecuted incumbent telecom operator for engaging in abusive pricing when leasing its digital lines to independent internet providers, which resulted in the price squeeze that put its rivals at a competitive disadvantage. The NCA’s decision followed (...)

On 1 June 2006 Zegin, leading distributor of the pharmaceuticals on the territory of Skopje municipality agreed with two other retail distributors of medicines - Alkaloid and Pharma Corp. to acquire joint control over City Pharmacy in Skopje , which owned a network of pharmacies in the (...)

Summary Competition Authority of Bosnia & Herzegovina fined an exclusive importer of the Volkswagen automobiles into B&H for abusing its dominant position on the relevant market. The abuse was manifested by the refusal to deal and application of the dissimilar conditions to the (...)

In 2007 bus operator Planeta Trans o.o.d. (Planeta Trans) complained to the Bulgarian Competition Authority (CPC) that Avtobusni prevozi a.d. (Avtobusni prevozi), a bus terminal authority in the city of Pleven abused its dominant position by imposing unfair prices and trading conditions, as (...)

Summary The Croatian Competition Authority (Agencija za zaštitu tržišnog natjecanja) (AZTN) cleared subject to remedies the merger between Konzum d.d. and Lokica d.o.o., two wholesale and retail distributors with dominant market positions on the wholesale distribution market in Croatia and retail (...)

VIPnet d.o.o. (VIPnet) is a Croatian mobile telecom operator established in 1998 by the Mobilkom Austria AG. VIPnet provides its services through a network of “partners” and “wholesalers”. “Partners” sell VIPnet’s products and services directly to the final consumers on the VIPnet’s account. (...)

On 14 September 2007 Russian Competition Authority (Федеральная Антимонопольная Служба) (FAS) found an abuse of dominance on the market for refrigerated rail transport services committed jointly by the Russian Railways (ОАО Российские Железные Дороги) (RZD) and its daughter undertaking Refservice (ОАО Рефсервис) . Refservice (...)

The respondent company M SAN Grupa d.d.(MSG) was a large wholesaler of the household electronics. The applicant company Rivulus d.o.o.(Rivulus) was buying various electronics items from MSG by placing the orders on the MSG’s website. It was then selling the goods through its own distribution (...)

Summary Serbian Competition Authority (Комисија за заштиту конкуренције) (KZK) established an abuse of dominant position on the part of Serbia Broadband (Serbia Broadband - Srpske Kablovske mreže, д.о.о. ) (SBB) that concluded exclusive distribution agreements with a number of national, regional and local TV channels (...)

Summary The Croatian Competition Authority (Agencija za zaštitu tržišnog natjecanja) (AZTN) following a complaint launched by SPID d.o.o. obliged the official distributor of “Lada” automobiles in Croatia ADRIA LADA d.o.o. to publicly announce the criteria it applies for certification of the service (...)

Citroën Hrvatska d.o.o. (Citroën) is the exclusive importer of Citroën automobiles in Croatia, which established a selective distribution network of 19 distributors and 22 retailers of original spare parts and repair service centers. One of the Citroën’s distributors Sanabilis d.o.o. (Sanabilis) (...)

On 16 December 2008 the Macedonian Competition Authority (Комисијата за заштита на конкуренцијата) (KZK) adopted the Guidelines on assessment of vertical and conglomerate concentrations (Насоки за оценка на вертикални и конгломератни концентрации) (Non-Horizontal Guidelines), which were intended to complement the existing (...)

Summary The Croatian Constitutional Court rejected the challenge against AZTN’s decision prosecuting the exclusive importer of the Volkswagen automobiles in Croatia for abuse of dominant position in accordance with the EU standards applied to this type of violation of competition law. The Court (...)

Summary The Romanian Competition Authority granted an individual exemption for exclusive distribution contracts concluded between chocolate producer Kraft Foods and its 14 distributors. Initially concerned with the risk of raising entry barriers and reduction of inter-brand competition among (...)

Summary The Competition Authority of Bosnia & Herzegovina qualified the actions of the Health Insurance Office of the Sarajevo Canton, which excluded the pharmaceutical products of Novo Nordisk from the list of approved medicines sold to the insured under the national health insurance (...)

On 15 February 2008 Macedonian Competition Authority (Êîìèñè¼àòà çà çàøòèòà íà êîíêóðåíöè¼àòà) (KZK) issued two decisions finding the abuse of dominance on the mobile telecommunications market by two providers : T-Mobile (Ò-Ìîáèëå Ìàêåäîíè¼à) and Cosmofon (Êîñìîôîí Óñëóãè íà ìîáèëíà òåëåôîíè¼à ÀÄ Ñêîï¼å). Both (...)

Summary Competition Authority of Bosnia & Herzegovina qualified the actions of the Sarajevo cantonal government that provided preferential treatment to the domestically produced medicines under the national health insurance scheme as anticompetitive practice and ordered it to modify its (...)

Summary The Macedonian Competition Authority conditionally cleared the Deutsche Telekom’s acquisition of the controlling interest in OTE accepting structural divestitures (sale of Cosmofon’s operations) and behavioral commitments (continuation of the marketing of Cosmofon’s products and services (...)

The Law for Protection of Competition enforced from 1 January 2006 (as amended in 2007) prohibited anticompetitive agreements and concerted practices, abuse of dominant position and introduced a merger control system in Montenegro. Montenegrin Competition Authority - Administrative Competition (...)

Summary The Macedonian Administrative Court affirmed the decision of the Macedonian Competition Authority prosecuting the incumbent telecom operator for abuse of dominant position manifested in denial of access to its own ADSL network by independent internet providers, while the same (...)

Summary The Macedonian Administrative Court quashed the NCA’s decision imposing financial penalties for abuse of dominant position committed by Elektrostopanstvo on the electricity market. The main reason for the annulment consisted in the NCA’s failure to include all requisite information, (...)

Summary The Macedonian Administrative Court affirmed the decision of the Macedonian Competition Authority establishing exploitative abuse of dominance by the incumbent telecom operator Macedonian Telecom manifested in the additional charges levied on the customers for issuance of the monthly (...)