2017

Opinions on the implementation of the provisions of the Law relating to concentrations
Opinions on the implementation of regulations relating to competition infringements

2016

Implementation of Article 10 of the Law on Protection of Competition concerning affiliated undertakings in public procurement procedures

2015

Implementation of Article 10 of the Law on Protection Competition concerning certain types of cooperation between undertakings in public procurement procedures

Implementation of Article 58 of the Law on Protection of Competition

2014

Opinions on the provisions of the Law on Protection of Competition on the control of concentrations

During the reporting period and similarly to previous years, the Commission has received a great number of requests for issuing opinions (over twenty requests submitted in written form to the Commission’s postal address or via email) in regard to issues on the control of concentrations, whereas the Commission has replied to each request individually. Here below are several inquiries presented as received, in addition to individual replies forwarded to the parties concerned. During 2014 and alike previous years, the most frequently presented dilemmas of undertakings concerning concentrations have referred to the issues whether and against what particular conditions can individual business transactions be considered as concentration of undertakings within the meaning of the Law (Article 17), as well as on the legal commitment to notify the Commission on concertation for issuing related approval from the perspective of fulfilment of revenue thresholds stipulated by the Law (Article 61), when meeting such thresholds is envisaging the need for concentration to be pre-notified to the Commission.

Is there an obligation to submit notification on concentration when implementing business transaction reflected in the planned change of stock ownership in company registered in the Republic of Serbia at the Business Registers Agency, which will be created by bringing in two new company shareholders, wherewith in addition to the increase in the number of shareholders from previous 9 (nine) to 11 (eleven) resulting from the corporate action implementation, i.e. following the entry of two new independent business entities, this transaction will also result in a “proportional reduction in share capital” in the ownership structure of each individual shareholder from 11.1 to 9.09 percent?
Is there an obligation to submit notification on concentration in the case of implementation of business transaction reflected in the recapitalization of Komercijalna banka JSC Beograd, created via planned conversion of convertible preferred shares of its current shareholders into common bank shares?
Is there an obligation to submit notification on concentration in the case of implementation of business transaction, pursuant to which Telecommunications company Telekom Srbija JSC Beograd will enter into ownership structure and become the majority shareholder in Dunav banka JSC Beograd by implementing recapitalization procedure, thus securing the majority voting power in the said company?
Implementation of Article 10 of the Law on Protection of Competition
Waste material repurchase
Opinion concerning the implementation of competition policy regulations in public procurement procedures
Opinion concerning the implementation of competition policy regulations on distribution agreements
Opinion concerning the implementation of competition policy regulations on distribution agreements
Opinion concerning the implementation of competition policy regulations in public procurement procedures

Request for issuing opinion on the procurement of equipment submitted by the Ministry of Economy

2013

Opinions on the provisions of the Law on Protection of Competition concerning restrictive agreements

Can the Protocol on cooperation in pharmaceutical procurement procedure be considered as restrictive agreement? The request for issuing opinion is submitted by the American Chamber of Commerce in Serbia concerning implementation of Article 10 of the Law on Protection of Competition (“Official Gazette of the RS”, no. 51/2009) in regard to the Protocol on cooperation in pharmaceutical procurement procedure.
Implementation of competition policy regulations on the practice of displaying prices on packaging
What makes a consortium agreement considered as restrictive?
Implementation of competition policy regulations to sponsorship agreements

Opinions on the provisions of the Law on Protection of Competition concerning public procurements

Principle of ensuring competition

Opinions on the provisions of the Law on Protection of Competition concerning the abuse of dominant position

Implementation of competition policy regulations on the institutes of “Exhaustion of rights” and so-called “Parallel imports”
Market share size that an undertaking may hold

Opinions on the provisions of the Law on Protection of Competition concerning the abuse of dominant position

With regard to the control of concentrations, undertakings are addressing the Commission with two group of issues, i.e. dilemmas. The first dilemma originates from the issue whether particular planned and potentially implemented transaction is creating forms of concentration of undertakings within the meaning of the Law. The second dilemma presented by undertakings typically relates to the evaluation and compliance assessment of natural thresholds envisaged by the Law, indicating liability to submit notification on concentration to the Commission when such thresholds are met.

Is there a need to submit notification on concentration when implementing the recapitalization procedure affecting the change in ownership structure of company “Don Don” from Belgrade, by bringing in new company member - Investment fund from Luxembourg?
Is there an obligation to notify on concentration related to the implementation of transaction in which company “Telenor” LLC from Belgrade, in addition to holding 49% of shares in company “Telenor Direct” LLC, will acquire the remaining 51% of shares in the said company?
The importance of observance of the obligation to notify on concentration

2012

Opinion on joint procurement bids

Opinion on consignment agreement and genuine agency

Opinion on franchising

2011

Opinion on the existence of obligation to submit notification on concentration

Opinion on the implementation of Article 21 in reference to Article 5 of the Law on Protection of Competition.pdf

2010

Opinion on the existence of obligation to submit notification of concentration, OAO Trest Gidromontaz

Opinion regarding the submission of the Deposit Insurance Agency of the Republic of Serbia

Opinion on the implementation of competition policy regulations, Corner shop LLC

Opinion on the implementation of most favorable conditions in vertical agreements

2009

Opinion on the implementation of competition policy regulations in reference to price recommendation policy in vertical agreements

Opinion on the implementation of Article 61(3) of the Law on Protection of Competition

Opinion on the implementation of Article 63 in reference to Article 65 of the Law on Protection of Competition

Opinion on the implementation of competition policy regulations

Opinion on the implementation of Article 16 Paragraph 2 Item 3) of the Law on Protection of Competition

Opinion on the implementation of Articles 17, 61 and 63 of the Law on Protection of Competition upon request of the Securities Commission

Opinion on the implementation of Article 23 Paragraph 5 of the Law on Protection of Competition

Opinion on the implementation of Article 71 Paragraph 5 of the Law on Protection of Competition