Концентрација привредних субјеката стицањем контроле у праву Босне и Херцеговине
Concentration of Undertakings Acquisition Control of Bosnia and Herzegovina

Author(s): Đorđe Perišić
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Law on Economics, EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Competition law; Concentrations of economic entities; Gaining control over the undertaking; The basic capital; The management contract of the company;
Summary/Abstract: Concentration of undertakings acquiring control or dominant influence of one or more undertakings over another or more other undertakings or parts thereof, is a complex legal institution that encompasses various ways of achieving concentrations. When the concentration of economic entities implemented through acquisition of control, economic entities – parties to the concentration do not lose their legal, but lose their economic independence,and it is not always clear whether control exists or does not exist. A key criterion for the occurrence of concentration is whether a company acquirer of control has a decisive influence on the management of the controlled company. The most common means by which this is achieved are gaining share in the equity of the controlled companies and the conclusion of various contracts, which directly or indirectly result in control of the management of the company. The legal framework for the assessment of whether there is a burning appliances or chimneys in the first row is set by the Law on Competition BiH. For the assessment of the existence of exceptional importance have control laws governing companies or enterprises in Bosnia and Herzegovina,there are three such: the Law on Companies of the Republic of Srpska and the Federation of BiH and the Law on Enterprises of Brcko District. The European legislation concentrations are regulated by Council Regulation Eu No 139/2004 on the control of concentrations between undertakings. For the assessment of the existence of concentration is significant and the Eu Commission Notice on the concept of concentration.

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