Commission for Protection of Competition initiates proceedings against Fortenova Grupa Zagreb

Source: eKapija Sunday, 06.10.2019. 10:23
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The Commission for Protection of Competition has instituted proceedings ex officio against company Fortenova Grupa d.d. Zagreb in order to investigate a merger implemented without antitrust clearance, the press release reads.

Based on the available information published on the official website of Fortenova Grupa, as well as in Serbian and Croatian media, the Commission believes that there are reasonable grounds to believe that Fortenova Grupa d.d. Zagreb has acquired control over companies Frikom d.o.o. Beograd, Dijamant a.d. Zrenjanin, Mivela Mg, PIK Vrbovec d.o.o. Beograd, Kikindski mlin and other companies established in the Republic of Serbia, operating within the Agrokor group.

In the proceedings concerned, the Commission will investigate whether the provisions of the Law on Protection of Competition are contravened in the specific circumstances of this case, who exercises the control over company Fortenova Grupa, as well as the permissibility of this concentration within the meaning of Article 19 of the Law. The press release adds that the Commission will also establish material facts, evidence and other elements that will represent the basis for its decision making in terms of potential antitrust measures to be specified, that is, deconcentration measures.


According to the Law on Protection of Competition, a participant in the market that carries out a concentration counter to the stipulations within Article 64, that is, a concentration not authorized by the Commission, is to pay a financial contribution of up to 10% of the total annual income realized in the territory of Serbia.

Also, if the Commission determines that an unauthorized concentration has taken place, it can adopt a decision whereby the participants are subject to deconcentration measures and ordered to split the company, alienate the shares, terminate the contracts and carry out all other activities toward bringing back things to the state before the concentration took place.

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