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Successes and Challenges of Competition Policy Implementation in the Republic of Korea

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The Commission for Protection of Competition and the Embassy of the Republic of Korea in Belgrade co-organized the Seminar “Knowledge-sharing seminar on Korean and Serbian competition law”.

The objective of this event was to enrich the current know-hows of not only employees, but other interested parties on good international practices of competition policy implementation.

Introductory presentations were given by President of the Commission for Protection of Competition Dr. Miloje Obradović, H.E. Yoo Dae Jong, Ambassador of the Republic of Korea to Serbia, and Radica Nusdorfer, Head of the Economic and European Integration Section at the EU Delegation to Serbia.

On the occasion, President Obradović pointed that joint dedication toward creating conditions for effective competition, as well as closeness and fellowship are bonding drivers between competition authorities of Korea and Serbia.

- We are aware of the need to intensify international co-operation, being that such co-operation, at the time when not only regional but international undertakings are present, is the key to success in our common struggle toward achieving equal market conditions for all, said Dr. Obradović.

H.E. Yoo Dae Jong emphasized that what the Republic of Korea wishes to share with Serbia, by organizing such seminars, is the notion that his country is the proof of accomplished strong economy not by coincidence, but as the result of good public policies and management, as well as work of efficient institutions.

- I believe that our experiences will prove useful in Serbia, and serve a function in the economic development and further EU integration efforts of Serbia, said H.E. Yoo.

Head of the Economic and European Integration Section at the EU Delegation to Serbia, Radica Nusdorfer said that Serbia has considerably advanced in the competition policy implementation domain, and that Serbian competition regulatory convergence with the European acquis is achieved to a great extent.

- Two EU technical assistance programs are implemented in Serbia thus far, while the third one is in preparation, aimed at advancing implementation of competition policy standards and regulations, said Nusdorfer.

Presentations were held by Director-General of the Korean state-funded trade and investment promotion agency KOTRA in Serbia Mr. Lee Sung-gi, in addition to Mr. An Byoung-gyu, representative of the Korean Fair Trade Commission at the Korean Embassy in Brussels, and Dr. Veljko Milutinović, member of the CPC Council.

Particular attention was placed on the implementation of leniency program in the Republic of Korea. The Republic of Korea is among most efficient countries in the competition policy implementation. In so doing, over 70 percent of terminated antitrust proceedings are conducted directly owing to the successfulness of leniency program, implemented on the part of competition authority of the Republic of Korea since 1997.

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.