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POSITION OF THE COMMISSION FOR PROTECTION OF COMPETITION REGARDING THE APPLICATION OF ARTICLE 61 OF THE LAW ON PROTECTION OF COMPETITION

Obligation to file a merger notification
Article 61

Mergers are to be notified to the Commission if:

1) the combined aggregate annual worldwide turnover of all participating undertakings in the preceding financial year exceeds 100 million euros, provided that the domestic turnover of at least one participating undertaking is more than 10 million euros;

2) the combined aggregate annual domestic turnover of at least two participating undertakings in the preceding financial year exceeds 20 million euros, provided that the domestic turnover of each of at least two participating undertakings is more than 1 million euros in the same period.

The aggregate annual turnover referred to in Paragraph 1 herein shall not count against the turnover generated by these undertakings in a reciprocal exchange.
Merger implemented through a takeover bid within the meaning of regulation governing takeover of joint stock companies, must be notified even if the conditions referred to in Paragraph 1 herein are not fulfilled.

Merger parties

In the case of a merger referred to in Article 17(1/1) of the Law on Protection of Competition (Official Gazette of the RS 51/09 and 95/13, hereinafter – the Law), the parties to the merger are understood to be all undertakings involved in the status change.

In the case of a merger referred to in Article 17(1/2) of the Law, the parties to the merger are understood to be the undertaking acquiring direct or indirect control (acquirer of control or notifying party pursuant to Article 63(3) of the Law) and the undertaking or a part of an undertaking over which control is acquired. Regarding the applicability of said article, i.e. determination of requirements for merger notification, the acquirer of control is the whole group of companies within which the notifying party operates and is a part thereof within the meaning of Article 5 of the Law.
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Commission’s View on the Implementation of Article 10 of the Law on Protection of Competition in the Case of Affiliated Undertakings in the Public Procurement Procedures

The Commission for Protection of Competition during the previous period has received a great number of initiatives for initiation of proceedings for infringement of competition, related to bid rigging in public procurements.

In order to establish a future practice, and with the goal of enabling a higher level of legal security and transparency, the Commission presents the view on the implementation of Article 10 of the Law on Protection of Competition in the case of affiliated undertakings in the public procurement procedures.

Submission of Notification of Concentration Based on the Letter of Intent or in Other Manner in Which Undertakings Can Show Genuine Intent for Conclusion of Agreement

Every undertaking that uses the option of submitting notification of concentration based on a genuine intent for implementation of concentration, i.e. for the conclusion of an agreement, can do so during any period of time following formal expression of such intent (by signing of a letter of intent, memorandum, compliance of wills, or in other manner that precede the act stated in Article 63, Paragraph 1 of the Law on Protection of Competition).

In those cases, notifying party shall not be imposed a measure of procedural penalty if it fails to notify concentration within the time limit, as stipulated in Article 63, paragraph 1 of the Law.