1. Which authority is in charge of merger control in Bosnia and Herzegovina?
The authority in charge of merger control in Bosnia and Herzegovina is the Competition Council of Bosnia and Herzegovina, based in Sarajevo.
2. What are the merger filing thresholds in Bosnia and Herzegovina?
- The combined global turnover of the parties exceeds EUR 50 million AND
- The Bosnian turnover of each of at least two parties exceeds EUR 4 million or their combined market share on the relevant market exceeds 40%.
3. Is the filing in Bosnia and Herzegovina mandatory?
Yes – whenever the merger filing thresholds are exceeded, the parties must refrain from implementing the transaction until it is cleared by the Bosnian competition authority (the standstill obligation).
4. Can the filing threshold be exceeded even if the target did not have any sales in Bosnia and Herzegovina?
5. What are the deadlines for merger notification in Bosnia and Herzegovina?
The parties must notify the planned transaction within 15 days of the signing of a binding transaction agreement.
6. What is a typical amount of the merger filing fee for a Phase I clearance in Bosnia and Herzegovina?
7. Is there a short-form merger notification in Bosnia and Herzegovina?
No – there is only one merger notification form in Bosnia and Herzegovina, applicable to all transactions.
8. How long does a Phase I procedure last in Bosnia and Herzegovina?
Within one month from the date when the Bosnian NCA confirms the filing is complete.
9. How long does a Phase II procedure last in Bosnia and Herzegovina?
The Bosnian competition authority must complete its Phase II investigation of a merger within three months of opening the Phase II probe (in special cases, this deadline can be extended for additional three months).
10. What are the fines for gun jumping in Bosnia and Herzegovina?
The infringing undertaking can be fined up to 10% of its annual turnover during the relevant year.
|For more information about merger control in Bosnia and Herzegovina, please contact Dr. Dragan Gajin, Head of Competition at Doklestic Repic & Gajin.|