1. Who 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 (Konkurencijsko vijeće), based in Sarajevo.
2. What are the merger filing thresholds in Bosnia and Herzegovina?
A merger notification is required in Bosnia and Herzegovina if both of the following are met:
- The combined worldwide turnover of the parties exceeds EUR 50 million, and
- the turnover in Bosnia and Herzegovina of each of at least two undertakings exceeds EUR 4 million, or
- the parties’ combined market share on the relevant market in Bosnia and Herzegovina exceeds 40%.
3. Is merger filing in Bosnia and Herzegovina mandatory?
Yes, merger filing is mandatory. The parties must not implement the transaction until it has been cleared by the Competition Council (standstill obligation).
4. Can the merger filing threshold be exceeded even if the target has no sales in Bosnia and Herzegovina?
Only in the context of joint control.
5. What are the merger notification deadlines in Bosnia and Herzegovina?
The parties must notify the transaction within 15 days of the conclusion of the transaction agreement (or another triggering act).
6. What is the merger filing for a Phase I clearance in Bosnia and Herzegovina?
Approximately EUR 3,500.
7. Is there a short-form merger notification in Bosnia and Herzegovina?
There is no short‑form or simplified notification. The same notification form applies to all concentrations, regardless of complexity.
8. How long does a Phase I procedure last in Bosnia and Herzegovina?
Phase I lasts 30 days from the date on which the Competition Council confirms that the notification is complete. Actual clearance timelines may vary in practice; for recent experience, please feel free to reach out to Dragan Gajin, Head of Competition at Doklestic Repic & Gajin.
9. How long does a Phase II procedure last in Bosnia and Herzegovina?
The Competition Council must complete a Phase II investigation within three months from the opening of the in‑depth investigation. In exceptional cases, this period may be extended by a further three months.
10. What are the sanctions for gun-jumping in Bosnia and Herzegovina?
For gun‑jumping (failure to notify or breach of the standstill obligation), the infringing undertaking may be fined up to 10% of its total annual turnover in the preceding business year.
Need a quick filing check for Bosnia and Herzegovina?If you would like a quick initial assessment of whether your transaction may trigger a merger notification in Bosnia and Herzegovina, please contact Dragan Gajin, Head of Competition at Doklestic Repic & Gajin. |