The Competition Authority recently intensified its regional cooperation. Representatives of the authority met with colleagues from the Competition Council of Bosnia and Herzegovina and attended conferences organised by the competition authorities of Romania and Croatia. As a further step towards regional cooperation, there is a plan to establish the Competition Forum of the Western Balkans, with the aim of facilitating cooperation, enhancing harmonisation and improving national legislation.
The Competition Authority, together with the Ministry for Trade, Tourism and Telecommunications, recently lodged an initiative for the new Competition Act, which will replace the Competition Act 2009. The goal is to harmonise the new act with EU rules while observing the specific demands of the Serbian market. Once the draft is ready, it will be presented for public debate. Further, the authority has issued three draft block regulations for public review and comment.
The Competition Authority recently launched ex officio proceedings to investigate an acquisition of sole control by Prointer IT Solutions and Services doo over Alti doo. The investigation revealed that the concentration had been carried out without merger control clearance, leading the authority to fine Prointer din6.7 million.
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.
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.
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.
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.
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.
The Commission for the Protection of Competition recently announced that after 10 years in operation, it believes that it is time to introduce changes to its existing practice of issuing opinions on request by market participants. The commission will now focus on matters relevant to the implementation of regulations that either were never explored or require additional clarification due to the changes that have since occurred.
The Competition Commission recently conducted a competition assessment of the Serbian insurance market between 2012 and 2015. The main objective of the assessment is to determine the market structure and the relationships between the largest competitors, as well as to detect market weaknesses that may ultimately result in competition infringement.
The president of the Competition Commission, Miloje Obradović, recently spoke at the Sub-committee on Internal Market and Competition meeting. He briefed the European Commission on all of the activities undertaken to implement the Competition Act and on the level of harmonisation of Serbian competition legislation with the acquis communautaire. Obradović emphasised that future sectoral analyses will focus on the markets that have caught the commission's attention in the past.
The Competition Commission recently issued a decision determining that Bora Kečić and Large Transport had engaged in bid rigging in a public tender procedure launched by public utility company Elektromreže Srbije. By entering into a restrictive agreement, these undertakings significantly restricted and distorted competition. The commission issued fines of approximately €8,000 per company.
The Competition Commission recently issued a decision determining that EPS Distribucija doo Beograd – the only operator on the Serbian electricity distribution market – abused its dominant position. The company was fined €3 million and issued with behavioural remedies aimed at creating equal conditions for doing business on the market. The commission took into account EPS Distribucija's cooperation during the proceedings.
The Foreign Investors Council recently presented the 2016 edition of the White Book – an overview of the traditional business climate in Serbia and recommendations for its improvement. The document notes considerable progress in the work of the Commission for the Protection of Competition. Key improvements include the adoption of the new Merger Notification Decree and the provision of information on the commission's work.
The Competition Authority intends to conduct a competition assessment on the retail market, focusing on non-specialised stores selling mainly food, beverages and tobacco. In the past 10 years in Serbia, there has been significant consolidation of the food retail and distribution market, which has affected the commercial relationship between retailers and their suppliers. The assessment should contribute to a better understanding of this relationship and its possible effects on competition.
The Competition Authority recently published the Aftermarkets Analysis, which covers warranties, repair services and the sale and use of spare parts for automotive and household appliance industries. The aim of the analysis was to determine the market structure and the relationship between leading undertakings in order to detect any shortcomings in the market. The results will be used to draft a decree on group exemption from the prohibition of vertical agreements in the motor vehicle sector.
The Competition Authority recently carried out a dawn raid at the premises of N Sport and acquired copies of agreements that the company had entered into with its customers. The agreements contained provisions obliging customers and retailers to comply with minimum retail prices set by N Sport when reselling their products. The concerned undertakings are at risk of severe fines of up to 10% of the total turnover generated in 2015, while the agreements could be declared null and void.
The Competition Authority recently adopted a decision conditionally clearing an acquisition in the sugar market in Serbia. As the resulting market share aggregation in the affected markets ranges from 60% to 80%, the Competition Authority recommended the introduction of operational requirements and restrictions to prevent any negative effects resulting from market saturation.
The Competition Authority recently published a statement clarifying the rules on submitting a merger notification based on the serious intent to implement a transaction (eg, a letter of intent). The authority pointed out that, when notifying a concentration on the basis of serious intent, the undertakings concerned assume the risk of any consequence that may result. If a letter of intent differs from the final agreement entered into by the parties following the authority's decision, they risk incurring a fine.
The Competition Authority recently investigated alleged abuse of dominance in the railway traffic market by state-owned railway company Zelezice Srbije. The authority determined that Zelezice Srbije was the only company operating railway traffic in the country and thus took measures to secure the establishment of effective competition in the market for access to public railway infrastructure.