Bosnia and Herzegovina merger control (2019)
Produced in partnership with Moravčević Vojnović i partneri AOD Beograd in cooperation with Schoenherr
Bosnia and Herzegovina merger control (2019)

The following Competition guidance note Produced in partnership with Moravčević Vojnović i partneri AOD Beograd in cooperation with Schoenherr provides comprehensive and up to date legal information covering:

  • Bosnia and Herzegovina merger control (2019)
  • 1. Have there been any recent developments regarding the Bosnia and Herzegovina merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Bosnia and Herzegovina?
  • 2. Under the Bosnia and Herzegovina merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on an ‘effects’ doctrine or policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the Competition Council?
  • more

A conversation with Srdjana Petronijevic, partner at Serbian law firm Moravčević Vojnović i partneri AOD Beograd in cooperation with Schoenherr, on key issues on merger control in Bosnia and Herzegovina.

NOTE–to see whether notification thresholds in Bosnia and Herzegovina and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Bosnia and Herzegovina merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Bosnia and Herzegovina?

The Competition Council (Konkurencijsko vijeće—the Council) approved a Decision amending the Decision on the Amount of Administrative Fees for Proceedings before the Council (Official Gazette of Bosnia and Herzegovina nos. 30/60 and 18/11) which came into effect in November 2018. This affects the amount of fees paid in the merger control proceedings by increasing the clearance fee to BAM 5,000 (approximately €2,500) if the concentration is cleared in Phase I proceedings and to 0.03 % of the total annual turnover achieved by each of at least two parties to the concentration in Bosnia and Herzegovina, capped at BAM 50,000 (approximately €25,000) if an investigation procedure in Phase II is initiated. This represents a doubling of the previous fees. There is no change to the filing fee though.

2. Under the Bosnia and Herzegovina merger