The Agency approved the concentration implemented by JSC "Georgian Beer Company" with the purchase of 100% share of "Zedazeni 2012" LLC. According to the materials received and processed by the agency, it was established that in 2023, 215 companies operated in the non-alcoholic beverages market, the market volume was 464,757,669 liters, and the HHI index of market concentration was 2,590. As for the beer market in the same year, there were - 75 companies, market volume was 90 532 597 liters, and market concentration - HHI index - 1888. According to the Agency's assessment, the non-alcoholic beverages market is highly concentrated, although the concentration index slightly exceeds the maximum value of the moderately concentrated market index (2250). The beer market is moderately concentrated, and the distribution services market is low concentrated. Considering the above, according to the decision of the Agency, the implemented concentration does not have a significant impact on the relevant market and is compatible with the competitive environment.
The Georgia Competition and Consumer Protection Agency has approved the concentration, which will be implemented through the formation of a joint venture in the retail and wholesale trade of petroleum products by Ucha Lursmanashvili, Shalva Khukhashvili, and Nodar Khukhashvili. The concentration relates to the retail and import markets for auto fuel (gasoline and diesel). The volume of the retail market at the national level in 2023 amounted to 1,397,855 thousand liters, , with 383 businesses operating in the retail market and 1,211 gas stations. The Herfindahl-Hirschman index (HHI) of 1,132 indicates a low concentration market. Concentration causes the Herfindahl-Hirschman index (HHI) to be 1/163, with an index change (ΔHHI) of 31. In 2023, the relevant market's import concentration index (HHI index) was 1,167 units. After the the implementation of the concentration, taking into account the amount of fuel imported by the target and connected industries in 2023, the concentration index is predicted to rise by 18 units to 1,185. As a result, the planned concentration has no substantial impact on the relevant market's concentration index.
The complaint submitted by "Denk Pharma Caucasus" LLC regarding an alleged violation of Article 10 of the Law of Georgia on Competition by the Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health and Social Affairs of Georgia was considered inadmissible by the Agency. At the admissibility stage of the case, it was determined that the National Health Agency, not the Ministry, was the proper defendant. Furthermore, after mutual reconciliation of the information/evidence supplied, the Agency found that the complaint did not meet the material admissibility standard established by the legislation. In particular, the action conducted by the proper respondent was authorized under Georgian legislation, and the aforementioned situation was within the scope of the exception given by Article 10 of the La of Georgia on Competition. Accordingly, the Agency considered it inappropriate to start an investigation.
According to the Agency, the acquisition of a 51% share of "International Black Sea University” by natural person Gia Kavtelishvili is considered admissible in the higher education sector, which includes 62 accredited universities and a total of 157,885 active students. The market concentration index (Herfindahl-Hirschman index) before the acquisition was 596.24 units, indicating a low-concentration market. After the acquisition, the index increased to 660.4 units, with a change in concentration index (ΔHHI) of 64.1 units. Despite this change, the Agency's assessment concludes that the acquisition will not significantly impact the competitive environment of the relevant market.
According to the Agency, the acquisition of a 49% share of "International Black Sea University” by natural person kakha Shengelia is considered admissible in the higher education sector, which includes 62 accredited universities and a total of 157,885 active students. The market concentration index (Herfindahl-Hirschman index) before the acquisition was 596.24 units, indicating a low-concentration market. After the acquisition, the index increased to 660.4 units, with a change in concentration index (ΔHHI) of 64.1 units. Despite this change, the Agency's assessment concludes that the acquisition will not significantly impact the competitive environment of the relevant market.
The Georgian Competition and Consumer Agency considered inadmissible the complaint of the "Metromart". The case concerned the abuse of a dominant position by "CBD Development". Furthermore, in the complaint, the complainant mentioned unfair competition. In addition, the complainant stated that, there is an anti-competition agreement between the "CBD Development" and "ABC-Telecom". According to the Agency’s decision, at the admissibility stage it was determined that there is no reasonable suspicion of a breach of the law, as there was no infringement of competition legislation in the circumstances described by the complainant. As a result, Agency considered it inappropriate to start an investigation.
The Georgian Competition and Consumer Agency considered inadmissible the complaint of the "Enso Group" LLC. The complaint was concerned the establishment such a benefit and and creating a dominant position for the undertaking, giving it an advantage over competitors or potential competitors, limiting free pricing and competition on the part of the Georgia’s Innovation&Technology Agency. According to the Agency’s decision, at the admissibility stage it was determined that there is no reasonable suspicion of a breach of the law, as there was no infringement of competition legislation in the circumstances described by the complainant. As a result, Agency considered it inappropriate to start an investigation.
The Georgian Competition and Consumer Agency dismissed a complaint submitted by "Ska Group". In the complaint, the applicant pointed to the alleged unfair competition on the part of "Dro Health". The complainant took advantage of the right granted to him by the legislation of Georgia and he withdrew the complaint submitted to the Agency.
Dismissing a complaint does not deprive a person of the right to apply to the Georgian Competition and Consumer Protection Agency on the same subject matter, on the same basis, with the request to investigate the issue. Furthermore, dismissing the complaint does not waive the Agency's right to use the information provided prior to the statement's withdrawal to conduct an an investigation on its own initiative.
The Georgian Competition and Consumer Agency considered inadmissible the complaint of the "Delta Development Group". The case concerned the abuse of a dominant position by "Intellect Market" LLC and "GMG Center" LLC. Also, there is an anti-competition agreement between the same companies and a natural person, Artittaya Sirirat. Furthermore, in the complaint, the complainant mentioned unfair competition. According to the Agency’s decision, at the admissibility stage it was determined that there is no reasonable suspicion of a breach of the law, as there was no infringement of competition legislation in the circumstances described by the complainant. As a result, Agency considered it inappropriate to start an investigation.
The Agency approved the concentration to be implemented by JSC " Georgian Healthcare Group" by the acquisition of 100% of the insurance portfolio of "Ardi Insurance". According to the Agency's assessment, as a result of the implementation of the concentration, the joint market share of the participating parties and their related companies in the medical insurance market will increase to 35.6%, and in the auto insurance market to 28.1%. In both circumstances, the market concentration index is within the range of a moderately concentrated market. In addition to market share, the Agency assessed the medical insurance market, taking into account various parameters such as market structure, and concluded that the concentration to be implemented does not significantly restrict effective competition and is compatible with the competitive environment.
