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, based in Sarajevo.
2. What are the merger filing thresholds in Bosnia and Herzegovina?
The Bosnian merger control regime is set into motion if the following merger filing thresholds are exceeded:
- 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 merger filing in Bosnia and Herzegovina mandatory?
Yes – whenever the merger filing thresholds are exceeded, the parties must refrain from implementing the transaction until the Bosnian competition authority clears it (the standstill obligation).
4. Can the merger filing threshold be exceeded even if the target did not have any sales in Bosnia and Herzegovina?
Only in the context of joint control.
5. What are the deadlines for notification in the Bosnian merger control regime?
The parties must notify the planned transaction to the Bosnian competition authority within 15 days of the conclusion of the transaction agreement.
6. What is a typical amount of the merger filing fee for a Phase I clearance in Bosnia and Herzegovina?
EUR 3,500.
7. Is there a short-form notification in Bosnia and Herzegovina?
No – there is only one type of merger notification in the Bosnian merger control regime, 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.
Merger filing appInterested in merger control in the Balkans? You may also like our web app for checking whether your transaction is notifiable in Serbia, Montenegro, Bosnia and Herzegovina, North Macedonia, or Albania. To access the app, please click on or scan the QR code below.
|
***
For more information about merger control in Bosnia and Herzegovina, please contact Dr. Dragan Gajin, Head of Competition at Doklestic Repic & Gajin.