Latest updates

CPC opinion on draft act for amendment of Administrative Procedure Code
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Bulgaria
  • August 17 2017

The Commission for the Protection of Competition (CPC) recently adopted an opinion on the draft act for the amendment of the Administrative Procedure Code. The CPC supports the introduction of electronic justice which, in its view, will increase the efficiency of the judiciary system and prevent unnecessary delays. However, it disagrees with the increase in state fees and the proposal that the state fee for cassation is to be defined as a percentage of the imposed penalty.

Competition Authority investigates mobile phone retail market
Moravčević Vojnović and Partners in cooperation with Schoenherr
  • Competition & Antitrust
  • Albania
  • August 10 2017

The Competition Authority recently initiated an investigation into the mobile phone market in connection with alleged coordinated practices and potential abuse of the dominant position of the market players. It had been alleged that three telecommunications operators had coordinated a change in standard pre-paid packages.

Competition Authority's 2016 activities
Moravčević Vojnović and Partners in cooperation with Schoenherr
  • Competition & Antitrust
  • Albania
  • August 03 2017

In 2016 the Competition Authority issued 52 decisions relating to merger control, abuse of dominance and restrictive practices. No fines were imposed in any of the decisions. The authority also reviewed and commented on numerous legislation proposals, including the production and marketing of tobacco and cigarettes and airport fees.

Competition Authority activities in 2016
Moravčević Vojnović and Partners in cooperation with Schoenherr
  • Competition & Antitrust
  • Serbia
  • July 27 2017

During 2016 the Competition Authority issued 111 merger control decisions. Most of the notifying parties involved were foreign companies, while notifications filed by domestic companies made up approximately 24% of all filed notifications. The Competition Authority, which proved to be one of the busiest in the region, also conducted a number of sector inquiries.

Renewable energy: amendment to Green Electricity Act doubles funding
Schoenherr Attorneys at Law
  • Energy & Natural Resources
  • Austria
  • July 24 2017

After four months of negotiations, the Austrian National Council has finally reached an agreement on the amendment of the Green Electricity Act. The required two-thirds majority was reached by a last-minute agreement between the coalition parties and the Green Party. The aim of the new legislation is to increase the percentage of green electricity and expand renewable energy in Austria.

New Competition Council members appointed
Moravčević Vojnović and Partners in cooperation with Schoenherr
  • Competition & Antitrust
  • Bosnia and Herzegovina
  • July 20 2017

The process for appointing new Competition Council members is now complete and operational. Specific and complex rules exist for the composition of the council and for it to pass decisions. Among other things, there must be two members representing each of the three constituent ethnic groups of Bosnia and Herzegovina (ie, two Serbs, two Bosnians and two Croatians).

Constitutional Court raises hope for third runway at Vienna International Airport
Schoenherr Attorneys at Law
  • Environment & Climate Change
  • Austria
  • July 17 2017

The Constitutional Court recently reached a landmark decision and overturned the Federal Administrative Court decision which had rejected the permit for a third runway at Vienna International Airport on the grounds of climate protection and land use. This decision is significant in that it has far-reaching consequences for many other projects beyond the scope of the third runway. It is also relevant to Austria as a business hub.

Competition authority fines two breweries €8.5 million
Moravčević Vojnović and Partners in cooperation with Schoenherr
  • Competition & Antitrust
  • Macedonia
  • July 13 2017

The Commission for the Protection of Competition recently determined that two breweries were engaged in resale price maintenance. The breweries had entered into agreements that contained price-fixing provisions and distributors were allegedly restricted from independently determining resale prices.

Update on Austrian-German single electricity market
Schoenherr Attorneys at Law
  • Energy & Natural Resources
  • Austria
  • July 10 2017

Following an Agency for the Cooperation of Energy Regulators decision which foresees a split of the Austrian-German electricity market, the Austrian National Regulatory Authority, E-Control and the Austrian transmission system operators have announced that they plan to exhaust all legal possibilities in order to appeal the decision.

HCA steps up against bid rigging in public procurement
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Hungary
  • July 06 2017

Public procurements are often targets for bid rigging and the Hungarian authorities and legislature have made extra efforts to fight this kind of behaviour. While it is not the primary authority for monitoring public procurements, the Hungarian Competition Authority (HCA) is one authority fighting anti-competitive behaviour in public procurement. Besides investigating violations, the HCA is also taking steps towards prevention and raising awareness.

Competition Authority fines manufacturers of edible sunflower oil
Moravčević Vojnović and Partners in cooperation with Schoenherr
  • Competition & Antitrust
  • Serbia
  • July 06 2017

The Competition Authority recently determined that two edible sunflower oil market competitors (Vital and Victoriaoil) had concluded a restrictive agreement that limited the production of edible oil and inhibited competition on the market. The authority imposed a fine of 0.33% of the total annual turnover generated in 2014 on the Serbian market. This was the first production cooperation agreement analysed by the authority.

Competition Authority activities in 2016
  • Competition & Antitrust
  • Montenegro
  • June 29 2017

In 2016 the Competition Authority received 33 merger control notifications and issued 28 decisions. Most of the concentrations were in the telecommunications, media and pharmaceutical sectors. There was a slight decrease of approximately 6% in the number of merger control notifications submitted in 2016 in comparison to 2015.

Conflicts of interest in employment relationships
Schoenherr Attorneys at Law
  • Employment & Benefits
  • Hungary
  • June 28 2017

Although the Labour Code fails to define a 'conflict of interest', its general principles prohibit employees from engaging in conduct which could jeopardise their employer's rightful economic interests. Depending on the circumstances, a conflict may constitute a severe violation of the employee's employment terms and can be punished appropriately. In other cases, a conflict may arise that is not the employee's fault, which can therefore be appropriately rectified without penalties.

Competition authority receives honourable mention in Competition Advocacy Contest
Moravčević Vojnović and Partners in cooperation with Schoenherr
  • Competition & Antitrust
  • Serbia
  • June 22 2017

The Commission for the Protection of Competition was the 2017 recipient of an honourable mention at the 2016-2017 Competition Advocacy Contest: Innovative Advocacy Strategies to Address Market Challenges. The article which brought the commission this recognition deals with implementing competition advocacy in government policymaking.

Retail market on competition authority's radar
Moravčević Vojnović and Partners in cooperation with Schoenherr
  • Competition & Antitrust
  • Serbia
  • June 15 2017

The Commission for the Protection of Competition recently adopted a decision to conduct a retail market study. The study will help to determine the relations between competitors on the retail market at the local, regional and national level. The study is also designed to encompass the wholesale market. The market study results will enable the commission to conduct an ex post assessment of the major concentrations that were carried out in the previous period.

Parliament adopts Act on Private Enforcement of Competition Law
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Poland
  • June 15 2017

Parliament recently adopted the Act on Private Enforcement of Competition Law, which transposes the EU Antitrust Damages Directive into Polish law. The act aims to enhance the enforcement of the payment of compensation by companies that have infringed competition rules. The introduction of legal presumptions shifting the burden of proof onto the infringer and specific rules on the disclosure of evidence are steps in this direction.

Competition authority imposes conditions on digital distribution retail market concentration
Moravčević Vojnović and Partners in cooperation with Schoenherr
  • Competition & Antitrust
  • Serbia
  • June 08 2017

The Commission for the Protection of Competition conditionally cleared the concentration brought about by Serbia Broadband's acquisition of Interaktivne kablovske objedinjene mreže. During the investigation, the commission obtained all of the necessary data, information and opinions on the effects of the concentration from the parties' competitors, broadcasters and independent regulatory bodies responsible for the data relevant to the proceedings.

Participation rights as alternative investment and equity financing instruments
Schoenherr Attorneys at Law
  • Company & Commercial
  • Austria
  • June 05 2017

The typical way to invest in an Austrian company is by way of a capital increase. However, there are formalities with respect to limited liability companies (LLCs) – the most popular legal form in Austria – that sometimes make investing in LLCs unattractive or burdensome. To eliminate the concerns associated with these transactions, Austrian law provides a suitable, but widely unknown, alternative investment instrument: participation rights.

Competition Authority conducts dawn raid
  • Competition & Antitrust
  • Montenegro
  • June 01 2017

The Competition Authority recently conducted a dawn raid at the premises of Sava Trans doo in Cetinje to collect the data required for it to proceed with a case. Throughout the raid, authority officials acted in compliance with legislation and Sava Trans maintained a high level of cooperation.

Draft Data Protection Amendment Act 2018 in appraisal
Schoenherr Attorneys at Law
  • IT & Internet
  • Austria
  • May 30 2017

Approximately one year before the General Data Protection Regulation will come fully into force, the Austrian legislature has officially started a six-week consultation process for the national Data Protection Amendment Act 2018. If and to what extent the legislature will make use of the competencies provided for by the 'opening clauses' in the General Data Protection Regulation is highly relevant to companies, and the amendment act has answered this question.