The Bosnian & Herzegovinan Competition Authority confirms that transfer of assets falls under definition of the “acquisition of control” under the national Merger Regulation and increases the level of fines for the failure to notify (Optima Grupa)

On 7 April 2011 the Bosnian & Herzegovinan Competition Authority (KV) [1] 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 “change of control”, which was not expressly regulated by the Law on competition [2] and the national Merger Regulation [3]. OPTIMA is a petroleum company registered in B&H and managed by the Russian NeftegazInKor which has 100% stake in fixed assets of the company. Through its affiliate Nestro Petrol a.d. it operates a network of more than 80 petrol stations. The KV commenced an ex officio merger investigation in March 2010 when it

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Alexandr Svetlicinii, The Bosnian & Herzegovinan Competition Authority confirms that transfer of assets falls under definition of the “acquisition of control” under the national Merger Regulation and increases the level of fines for the failure to notify (Optima Grupa), 7 April 2011, e-Competitions Bulletin Energy & Mergers, Art. N° 36979

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