Commission for Protection of Competition
Draft regulation on technology transfer agreements exempt from the prohibition

kzk-ekofCommission for Protection of Competition has prepared the Draft regulation on technology transfer agreements 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 technology transfer agreements from prohibition, by taking into consideration specificities of the sector concerned, and the fact that current regulations do not regulate the exemption of these kind of agreements.

The Commission calls all undertakings, business associations, law offices, expert public and all other interested parties that from September 12-27, 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.

Draft regulation on agreements between undertakings operating in the rail, road and inland waterways transport sector exempt from the prohibition

kzk-ekofCommission for Protection of Competition has prepared the Draft regulation on agreements between undertakings operating in the rail, road and inland waterways transport sector 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 this new regulation will regulate conditions pertaining to the exemption of agreements from prohibition in the rail and road transport and inland waterways transport sectors, by taking into consideration specificities of the transport sector which are not regulated by the general competition policy regulations.

The Commission calls all undertakings, business associations, law offices, expert public and all other interested parties that from September 12-27, 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.

CCIS Active Partner in New Legislative Bill Drafting

kzk-ekofChamber of Commerce and Industry of Serbia announced an active participation in all activities with reference to drafting of the new law on protection of competition, instituted at the beginning of this year by the Commission for Protection of Competition.

Following the announcement by the Commission for Protection of Competition on the legislative advancing efforts toward the current Law on Protection of Competition, as per regular procedure regulating the CCIS legislative activities, we have addressed our members with a proposal to submit their comments to the current Law on Protection of Competition toward bringing together related guidelines and positions of the commercial sector pertaining to the Law. We emphasize that when addressing our members on the matter, we have underlined the fact concerning the established cooperation between the Chamber of Commerce of Serbia and the Commission for Protection of Competition, the Memorandum on cooperation between two institutions in effect, and have clearly presented our proposal that gathered positions of the CCIS members will be forwarded to the Commission – states in the letter sent by Mr. Marko Čadež, President of the Chamber of Commerce and Industry of Serbia, addressed to Dr. Miloje Obradović, President of the Commission for Protection of Competition.

Ambassador of the Republic of Korea Visits Commission

AFTERMARKETSPresident of the Commission for Protection of Competition, Dr. Miloje Obradović, received a visit from Ambassador of the Republic of Korea to Serbia, H.E. Dae Jong Yoo.

Dr. Obradović introduced Ambassador Yoo with competences of the Commission for Protection of Competition and presented activities implemented up to date, along with plans aimed at advancing and advocating competition policy in Serbia.

President of the Commission also expressed an aspiration that the Embassy of the Republic of Korea in Belgrade would be able to convey a substantial interest of the Commission for Protection of Competition of the Republic of Serbia for intensification of cooperation with the Korea Fair Trade Commission, as one of the most efficient competition enforcement agency in the world.

Korean Ambassador thanked for the invitation and suggested initiation of a concrete cooperation, implemented by hiring an expert from the Korean competition authority to give competition policy related presentations during the workshop organized in Belgrade by the end of this year.

Also, His Excellency expressed a pleasure concerning instituted initiative of the Commission for Protection of Competition that might result in a more intensive cooperation and exchange of experiences between two authorities, with the objective of advancing economic environment in Serbia.

Instituted Drafting of the New Law on Protection of Competition

kzk-ekofMinistry of Trade, Tourism and Telecommunications, as the authorized legislator, and the Commission for Protection of Competition have instituted drafting of the new regulation governing competition policy. Following drafting procedure, and in the same manner as when preparing the Regulation on the content and manner of submitting notification on concentration, the Commission will call all interested parties to submit related proposals and suggestions, so that new legal solutions could be even more approximated, not only to the EU acquis, but adjusted to the specificities of markets operating on the territory of the Republic of Serbia. The Commission expects cooperation with the academic and expert public, as well as business community representatives in the widest sense of the word, including law offices and undertakings. In this respect, the Commission expresses its familiarity with the content of statements from the document written in English language “Call to action – Protection of free competition”, prepared by an individual law office and the Association for Protection of Constitutionality and Legitimacy. Although the purpose of this notice is not to debate with the authors, but to announce drafting of the new law, however, considering that occurrence of this document coincides with the initiation of new legislative drafting, and given that mentioned text contains incorrect and blanket statements on the Law on Protection of Competition and work of the Commission, it is assessed that toward proper informing the public, it is necessary to react with regard to particular statements. The above-mentioned document assesses the work of the Commission as arbitrary, without judicial control, with particular acts taken during the proceedings characterized as the breach of basic human rights, while the Law per se is evaluated as unconstitutional, thus the call-to-action relates to its abrogation and need to enact new regulation that would be constituted under the Constitution. Without prejudice to interpret provisions of the Code of Professional Ethics for Attorneys-at-law, the Commission nevertheless reminds that the aforementioned Code, inter alia, determines that the manner in which an attorney at law communicates with the state authorities reflects the legal culture and respect for the legal profession, and that in the context of this relation, attorney-at-law should communicate in a temperate and polite manner. The aforementioned Code also determines that written motions and oral addresses should be clear, concise, appropriate and logical, while any criticism an attorney-at-law addresses to the court, other state authorities and representatives thereof must not be communicated in an inappropriate or offensive manner. Considering the aforementioned aspects, and toward preserving the reputation and standards of professional conduct, the Commission will address the Bar Association of Serbia with the request to assess infringement of the Code. The Commission is not surprised by the fact that authors refer to the abrogation of the Law on Protection of Competition as unconstitutional, as such attempts are not new, however, the manner in which such presentation is given, is perceived as inappropriate in every aspect.

We are also informed on the submission of the related document to undertakings which, if insufficiently familiarized with the Law on Protection of Competition and work of the Commission, could be mislead as to the competencies and authorities of the Commission, in addition to the rights stipulated by the Law.

Finally, regardless of the initiative claiming that future amendments to the Law on Protection of Competition will further consolidate “existing unconstitutional provisions”, which we assess as absolutely unacceptable, and in the light of previous positive experiences, the Commission expects to establish cooperation with all interested parties during the legislative drafting process pertaining to the new law on protection of competition.