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Continued Proceeding upon Notification of Concentration of Company Compagnie des Levures Lesaffre S.A. and Alltech RS Fermentaciona Industrija LLC

kzk-ekofBy means of conclusion enacted by the Commission President of October 10, 2017, proceeding is continued ex officio, instituted upon notification of concentration of company Compagnie des Levures Lesaffre S.A., France, created by acquisition of individual control over company Alltech RS Fermentaciona Industrija LLC Senta.

During the investigation procedure, the Commission will investigate as to whether concentration concerned fulfils the conditions of permissibility from Article 19 of the Law on Protection of Competition, or respectively on the possibility of significant restriction, distortion or prevention of competition on the market of the Republic of Serbia or its part by implementing the related concentration, and especially if such restriction, distortion or prevention would be the result of creating or strengthening of a dominant position.

The Commission will conduct all necessary activities, establish all facts and derive evidence necessary to define the relevant market(s), structure of the relevant market(s), degree of concentration on the relevant market(s), identification of actual and potential competitors, market position of participants in concentration, legal and other barriers to enter on the relevant markets, interests of consumers, etc.

The Commission calls upon all persons in possession of data, documentation or other information that might contribute to the accurate fact-finding in this proceeding to submit the said in the shortest possible time to the Commission to the address: 25/IV Savska St., Belgrade.

Commission President Held Talks with the Head of the Negotiating Team of Serbia

kzk-ekofPresident of the Commission for Protection of Competition, Dr. Miloje Obradović held talks with the Head of the Negotiating Team for Accession of the Republic of Serbia to the EU, Dr. Tanja Miščević. The meeting was also attended by members of the Council, Marko Obradović and Dr. Veljko Milutinović.

Dr. Obradović introduced the guest with current activities and plans of the Commission directed toward advancing the competition policy, and particularly presented activities within the negotiation process for Chapter 8 – Competition policy. He pointed that the Commission has fully achieved its existing plans pertaining to the advancement of secondary legislation framework, in addition to extending the deadline for submission of comments and opinions to the Draft regulation on technology transfer agreements exempt from the prohibition, and Draft regulation on agreements between undertakings operating in the rail, road and inland waterways transport sector exempt from the prohibition, with the objective of enabling the most qualitative public hearing.
The Commission President also announced the possibility of establishing the regional Competition Policy Forum seated in Belgrade, supported by the European Bank for Reconstruction and Development (EBRD).

During the meeting, Dr. Miščević was particularly pointed out to activities related to the preparation of new competition policy regulatory framework. The working group established by the Ministry of Trade, Tourism and Telecommunications, and whose members are, inter alia, representatives of the Commission and professional associations from the business and civil sectors, aims that in an inclusive and transparent manner offer a new regulatory solution that will further develop mechanisms for effective operating activities of the Commission.

It is bilaterally concluded that is in the entire society’s interest for the Commission to dispose of tools enabling the effective protection of competition, thus to additionally boost the development of Serbian economy’s competitiveness, without which Serbia would not be able to derive the maximum benefits for its citizens and economy during the EU accession process.
Dr. Miščević pointed that competition policy in Serbia, and particularly operating activities of the Commission for Protection of Competition are highly valued both by the EU Negotiating Team of Serbia and Brussels administration. In this respect, she emphasized that within Negotiation Chapter 8, in the latest EC Report but also during informal contacts with the EC representatives, competition policy and operating activities of the Commission for Protection of Competition are assessed as one among activities of the Serbian administration most aligned with the EU acquis. To that effect, she strongly supported and emphasized the importance of further advancement of the Commission’s operating activities, and particularly commended the inclusiveness and transparency in preparing the new Law on Protection of Competition.

Civil Sector Participation in New Legislative Drafting

kzk-amchamPresident of the Commission for Protection of Competition Dr. Miloje Obradović held discussions with Director of the Lawyers’ Committee for Human Rights (YUCOM) Milan Antonijević.

Dr. Obradović introduced the guest with current activities, along with plans of the Commission directed toward advancing the competition policy. Particular emphasis was placed on details concerning the preparation of new legislation regulating the competition policy area.

On that occasion the parties have agreed that civil sector representatives also take an active role in legislative drafting and that by providing their expertise contribute to the improved quality of regulatory solutions and development of the practice of the Commission for Protection of Competition, particularly in the area of human rights protection.

It is in the interest of consumers and Serbian economy that the Commission, in addition to instruments providing effective protection of competition, constantly advances its operating procedures and processes, while paying particular attention on the protection of human rights

Committee Adopted the 2016 Operations Report

kzk-ekofAt the session of the Committee on the Economy, Regional Development, Trade, Tourism and Energy of the National Assembly of the Republic of Serbia, members of the Committee have reviewed the Operations Report for 2016 of the Commission for Protection of Competition.

President of the Commission for Protection of Competition Dr. Miloje Obradović informed the Committee members that 2016 was the jubilee year of operating activities of the Commission for Protection of Competition. He emphasized that the Commission in accordance with its legal competences, efficiently implements all activities toward securing protection of competition in the Republic of Serbia.

Dr. Obradović stated that during the reporting period, inter alia, activities within the accession process of Serbia to the EU are continued, as well as that the said activities were positively assessed on the part of the European Commission in regard the screening outcome for Negotiation Chapter 8.

Following the rationale to the Operations Report of the Commission for Protection of Competition, President of the Committee proposed the adoption of the Report of the Commission for Protection of Competition, which was accepted by the majority of votes of the Committee members.

The session was headed by the President of the Committee Snežana B. Petrović, and attended by members and deputy members of the Committee, as well as members of the Council and officials of the Commission for Protection of Competition.

Extended Deadline for Submission of Comments and Opinions to Draft Regulations

kzk-ekofThe Commission has extended the deadline for submission of comments and opinions to the Draft Regulation on Technology Transfer Agreements Exempt from the Prohibition, and Draft Regulation on Agreements between Undertakings Operating in the Rail, Road and Inland Waterways Transport Sector Exempt from the Prohibition, to October 17, 2017.
Undertakings, business associations, law offices, expert public and all other interested parties may submit to the Commission their comments and opinions in reference to the texts of Draft regulations via email address komentar@kzk.gov.rs.

Draft Regulation on Agreements on the Repair and Maintenance of Motor Vehicles and Agreements on the Distribution of Spare Parts for Motor Vehicles Exempt from the Prohibition

kzk-ekofThe Commission for Protection of Competition has prepared the Draft Regulation on Agreements on the Repair and Maintenance of Motor Vehicles and Agreements on the Distribution of Spare Parts for Motor Vehicles Exempt from the Prohibition, to be submitted to the Government of the Republic of Serbia for consideration and enactment, in accordance with competences stipulated by the Law on Protection of Competition.

The intent of the Commission is that new regulation will regulate conditions pertaining to the exemption of agreements from prohibition in the area of repair and maintenance of motor vehicles and distribution of spare parts for motor vehicles by taking into consideration specificities of this area, which are not regulated by the general competition policy rules.

The Commission calls all undertakings, business associations, law offices, expert public and all other interested parties that from October 2-17, 2017, submit to the Commission their comments and opinions in reference to the text of the Draft regulation via e-mail address komentar@kzk.gov.rs.

EPS Distribucija Acted on Orders Issued by the Commission

kzk-ekofDistribution System Operator “EPS Distribucija” LLC Beograd, acting on the Decision of the Commission for Protection of Competition of December 23, 2016, has implemented all orders of the Commission, wherewith has implemented measures pertaining to the removal of competition infringement within deadlines stipulated for related implementation.

In such manner is provided that equal treatment of all undertakings as distribution system users is secured, along with the possibility for creation of effective competition on the electric power supply market.

The Commission uses this opportunity to particularly emphasize on the importance of a number of legal instruments to its disposal, which enable the Commission to implement effective protection of competition and to obligate undertakings to regulate their behaviors in accordance with the foundations of the market economy toward achieving economic progress and wellbeing of the society, and particularly in delivering benefits for consumers.

Cooperation on Improving Competition Policy

kzk-ekofDuring the meeting held today between Marko Čadež, President of the Chamber of Commerce and Industry of Serbia, and Dr. Miloje Obradović, President of the Commission for Protection of Competition, was agreed that representatives of the CCI will partake in the Working group for drafting the law on protection of competition and endeavor to incorporate positions of business community representatives into new legal solution.

Following the Commission’s announcement of activities directed toward new legislative drafting, CCI has instituted a dialogue with business community aimed at improving current competition policy regulatory framework and securing a stable, predictable and stimulating business environment.

“CCI is the sole business association with the Agreement on cooperation with the Commission for Protection of Competition, and is active in advancing competition policy in Serbia and securing compliance with the equal conditions for all undertakings, and in providing information and education for business representatives toward more efficient implementation of related regulation”, said Marko Čadež, CCI President.

“It is in the interest of Serbian economy that the Commission disposes of instruments enabling effective protection of competition, which is the foundation of the market economy and enables more efficient utilization of current resources, improved supply, quality and well-being for consumers”, said Dr. Miloje Obradović, and added that the Commission will continue being a stable and predictable partner to the Serbian economy in advancing business environment.

Commission Broadness Cooperation with Regulators

kzk-ekofPresident of the Commission Dr. Miloje Obradović held today a joint meeting with Deputy President of the RBA Council Goran Petrović, and Director of RATEL Dr. Vladica Tintor, and their associates in the premises of the Commission for Protection of Competition.

During the meeting is established that although these institutions have achieved successful cooperation, there still remains room for further advancing of accomplished cooperation. The parties have agreed on concrete steps that will secure advanced efficiency of joint activities, resulting in more qualitative operating activities implemented on the part of each institution individually.

Intensifying Cooperation between Commission and AmCham Serbia

kzk-amchamPresident of the Commission for Protection of Competition, Dr Miloje Obradović, held a discussion with Executive Director of the American Chamber of Commerce in Serbia, Ms. Vera Nikolić Dimić.

Dr Obradović introduced his guest with present activities, along with plans of the Commission aimed at advancing competition policy in Serbia. Particular emphasis was placed on details concerning initiated activities of drafting the new competition policy legislative act.

During the talks, parties have jointly assessed as a very good solution to actively involve representatives of the expert public, as well as domestic and foreign companies operating in Serbia in creating the new Law on Protection of Competition.

The parties have also emphasized the importance of further intensification of cooperation in the field of additional education of all business entities in Serbia concerning competition law and policy. To that end and as agreed, the AmCham will be involved in all activities of the Commission aimed at promoting competition policy.

The American Chamber of Commerce in Serbia has over 190 members. It is part of the network of American Chambers of Commerce in Europe, composed of 45 chambers, with over 16,000 member companies that combinedly employ more than four million persons in Europe.