Amendments to the Competition Act which entered into force in March 2014 have introduced some significant changes to competition policy, focusing primarily on merger control.
Jurisdictional thresholds
The worldwide jurisdictional threshold for a mandatory merger filing has been lowered from €100 million to €20 million.
Presumptions of dominance and collective dominance
Amendments include:
- reduction of the market share threshold for presumption of dominance from 40% to 25%; and
- a market share threshold of over 40% in case of collective dominance introducing a presumption of dominance.
Timeframe for merger control review
Phase 2 deadlines for assessment of a merger notification have been extended. A merger notification in Phase 2 proceedings must now be assessed within 90 days, rather than the previous 60 days. In case of complex analysis, this deadline can be extended for an additional 90 days (instead of 60 days).
Lawsuits against Competition Authority decisions
Filing a lawsuit against a Competition Authority decision will suspend the implementation of that decision.
Prescribed penalties
In case of infringements, a fine of between €1,000 and €3,000 can now be imposed on responsible individuals in the company.
It remains to be seen how the authority will apply the prescribed rules when approaching issues that arise during proceedings.
For further information on this topic please contact Srdjana Petronijevic at Moravcevic Vojnovic i Partneri in cooperation with Schoenherr by telephone (+381 11 320 26 00), fax (+381 11 320 26 10) or email ([email protected]). The Moravcevic Vojnovic i Partneri website can be accessed atwww.schoenherr.rs.
