Bosnia Herzegovina
Answer ... Legislation of Bosnia and Herzegovina does not expressly define the term “cartel”. However, the term implies a group of several market participants who negotiate and conclude agreements with each other in order to increase profits and market domination. Registration of associations of several economic operators to protect and promote their interests is permitted. However, unfair and disloyal treatment aimed at the “destruction” of any other market participants is strictly forbidden.
In the context of the term cartel, Article 4 of the BiH Law on Competition stipulates that prohibited are the agreements, contracts, certain provisions of agreements or contracts, joint actions, explicit and tacit agreements of economic entities, as well as decisions and other acts of economic entities aiming at and resulting in prevention, restriction or distortion of market competition in the relevant market and which relate to the following: the fixing of selling and purchase prices or any other trade conditions, limit and control on production, markets, technical development or investment, share of markets or sources of supply, application of dissimilar conditions to equivalent transactions with other economic entities thereby placing them at a competitive disadvantage, conclusion of contracts subject to acceptance by the other parties of additional obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
Bosnia Herzegovina
Answer ... Common offences mean the conclusion of agreements and arrangements between economic entities, which prevent, restrict or distort market competition in the relevant market. This refers in particular to the joint determination of purchase and sale prices, limitation and control of production, technical development or investment, market segmentation, etc. Such agreements shall be null and void if they aim to achieve the above effects. Misuse of a dominant position of several economic entities on the relevant market has been defined as offence too.
Bosnia Herzegovina
Answer ... First of all, it is a civil responsibility. If the Council of Competition finds a violation of the Law, it may prohibit any further conduct of the economic entity, set the deadlines and measures for the elimination of consequences and it may impose fines.
The decision of the Council of Competition is final and a dissatisfied party to the proceeding may initiate an administrative dispute before the Court of Bosnia and Herzegovina within 30 days of the receipt of the decision, that is, from the date of publication of such decision.
Bosnia Herzegovina
Answer ... It is possible to punish both natural and legal persons at the same time. It is provided that an economic entity may be fined up to 10% of the total annual revenue of the previous year if it concludes a cartel agreement or otherwise participates in the restriction or prevention of market competition, while a responsible person may be punished by a fine amounting to between BAM 15,000 and BAM 50,000.
Bosnia Herzegovina
Answer ... Yes. If it is established that foreign companies operating in the territory of Bosnia and Herzegovina violate the provisions which prohibit restrictive action or distortion of competition, they may be given sanctios in accordance with the provisions on competition as well as other laws regulating the activities of economic entities.
Bosnia Herzegovina
Answer ... The legal provisions adopted in Bosnia and Herzegovina which prohibit “cartel” conduct only apply to the entire territory of Bosnia and Herzegovina or to a significant part of BiH market.
Bosnia Herzegovina
Answer ... The statute of limitations for imposing a fine for serious violations of the Law runs after the expiry of the five-year period, while the statute of limitations for imposing fines for minor violations runs after the expiry of three-year period.
The statute of limitations will be counted from the day when violation is made. In case of continuation or reinfringement of the Law, the deadline will be counted from the date of termination of the violation.
Any action taken by the Council of Competition with the purpose of conducting a
proceeding shall discontinue the statute of limitations for the imposition of fines or periodic fines.
Statute of limitations for enforcement of fines runs after the expiry of five years. The statute of limitations shall be counted once the decision becomes final.