Commission for Protection of Competition
The Commission initiates a procedure on the wholesale market of ceramic tiles Procedure initiated on the wholesale market of ceramic tiles

kzkThe Commission for Protection of Competition initiated an ex officio procedure of investigation of infringement of competition against the company Polet-keramika Novi Bečej, in order to examine the existence of restrictive agreements referred to in Article 10 of the Law on Protection of Competition, which restricts competition on the market of wholesale ceramic tiles in the Republic of Serbia, and performed an unannounced investigation.

The commission conducted an analysis of the state of competition in the distribution channels of ceramic tiles and sanitary ware, within which it also obtained sales contracts that the manufacturer Polet-keramika Novi Bečej concluded with buyers for further sale. The analysis of contracts, their addendums and annexes revealed provisions that point to the existence of a practice known as resale pricing by the manufacturer/seller, which restricts the buyer to make independent business decisions related to pricing policy, which is a restrictive agreement, constituting an infringement of competition under Article 10 of the Law.

In the investigation procedure, the commission shall undertake all necessary evidentiary actions in order to correctly determine the factual situation, examine the existence of a competition infringement, and make a final decision upon finalization of the procedure.

All persons having data, documents or other relevant information that can contribute to establishing the factual situation in this procedure are hereby invited to submit them at the address of the Commission for Protection of Competition, Savska 25 / IV, Belgrade.

Lecture on Protection of Competition Held

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Representatives of the Commission for Protection of Competition held a lecture at a webinar entitled “Concentration of market participants and effect on the process of realization of assets in bankruptcy proceedings” organized by the Bankruptcy Supervision Agency, with the support of the World Bank.

The aim of this webinar is to introduce the participants to the law on competition governing the area of concentration control, which can occur in bankruptcy proceedings.

111 bankruptcy administrators and judges of commercial courts from all over Serbia took part in the webinar.

Signed Memorandum on Cooperation with the Hellenic Competition Commission

kzkThe Commission for Protection of Competition of the Republic of Serbia and the Hellenic Competition Commission have signed the Memorandum of Understanding on Antitrust Cooperation.

The implementation of the Memorandum will allow for the improvement of cooperation between the two authorities through the exchange of experiences and comparative practices in the field of antitrust aimed at achieving economic progress and the well-being of society, in particular consumer welfare.

The Memorandum aims to strengthen cooperation in the field of competition law and policy and create favorable conditions for the development of bilateral relations, which is particularly important in the context of changes occurring in markets that competition authorities face.

Commission Adopts Guidelines on Competition Compliance Programs

The previous practice of the Commission for Protection of Competition confirmed that competition infringements are often a result of a lack of understanding or knowledge of undertakings. Therefore, the Commission recognized the need to increase the level of awareness of undertakings and manners in which businesses can achieve competition law compliance.

To assist undertakings in the process of adopting competition compliance programs, the Commission in these guidelines gives a brief description and clarifies individual “steps” towards adopting such programs.

The objective of these guidelines is to give orientations to undertakings, both large companies and SMEs, on drafting internal acts and rulebooks that would allow them to ensure that their businesses can achieve compliance with competition law, as well as to call attention to the need for compliance in business with this area of law across a wide range of undertakings.

CPC Institutes Proceedings on the Market for Primary School Books

kzkThe Commission for Protection of Competition has instituted antitrust proceedings ex officio against affiliated companies KLETT IZDAVAČKA KUĆA, PRIVREDNO DRUŠTVO ZA IZDAVAČKU DELATNOST NOVI LOGOS, and IZDAVAČKA KUĆA FRESKA – Klett Group, to establish the existence of abuse of dominance, within the meaning of Article 16 of the Law on Protection of Competition, which restricts competition on the market for primary school books in the Republic of Serbia, and carried out dawn raids at their business premises.

Based on the conducted analysis of competitive conditions on the market for primary school books in the Republic of Serbia, including other obtained information and documentation, the Commission found reasonable grounds to believe that Klett Group, as a group with significant market share, since 2014 has conducted business strategies described in the Conclusion instituting proceedings, which derogate from the regular competitive conditions on the market. In particular, this implies mainly preventing or hindering new competitors from entering the market, pricing and rebate policy, and deals for schools in procedures for selecting textbooks.

The Commission, therefore, found reasonable grounds to believe that said companies since 2014, including but not limited to, have directly or indirectly imposed unfair purchase or selling prices or other unfair conditions of trade, restricted market and refused cooperation, which as a consequence has or may have significant restriction, distortion or prevention of competition on the market for primary school books in the Republic of Serbia, which represents an abuse of dominance (Article 16 of the Law).

All persons in possession of data, documents or other relevant information that could contribute to the accurate fact-finding in this proceedings are invited to notify the Commission for Protection of Competition accordingly, by presenting said evidence at the address: 25 Savska St., 4th Floor, Belgrade.