The Commission for Protection of Competition also conducted a competition conditions inquiry into software and IT equipment market on the territory of the Republic of Serbia.

For the inquiry related needs, the Commission identified two relevant markets within a wider information and communication technology (ICT) market – software wholesale market, and hardware wholesale market (computers and IT equipment). Within such defined markets, particular attention is placed on the software and IT equipment public procurement markets.

The basic objective of the inquiry was to estimate the size and volume of defined markets, identify the most important undertakings operating on such defined markets and to assess their market share, as well as respective relative market power.
The subject of this inquiry related to the collection and elaboration of data on generated sale revenues pertaining to the software and computers and IT equipment on the domestic and foreign markets, as well as on generated revenues based on the participation ratio in public procurement procedures.

The inquiry used data provided by the Public Procurement Office on implemented software and IT equipment public procurements from 2014-2016, in addition to the conducted investigation into the largest software and IT equipment manufacturers and distributors founded on 42 company-based sample. For the inquiry related needs, the Commission also used publicly available data and information on the ICT sector, data from the balance of services published by the National Bank of Serbia, and data provided by the Statistical Office of the Republic of Serbia.

The Commission wishes to express its gratitude to all undertakings for their duly submission of requested data during the competition conditions inquiry process, and at the same time calls upon undertakings and other expert public to submit their comments to the report, to email address: office.kzk@kzk.gov.rs with reference: Comments to the software and IT equipment market inquiry.

The Commission for Protection of Competition conducted a competition conditions inquiry into the raspberry purchase and export market on the territory of the Republic of Serbia.
The inquiry is conducted with the objective of investigating the existence of a reasonable assumption on the presence of competition infringement on the raspberry purchase market effected on the part of buyers (owners of cold storage facilities), pursuant to which the Commission would be able, in accordance with its competences, to institute an investigative proceeding ex officio.

The subject-matter of this inquiry was the collection and elaboration of data on production, purchase, import and export of raspberries and the establishment of circumstances under which the 2017 raspberry harvest purchase is conducted. For the purpose of conducting the inquiry, raspberry import/export data for 2010-2017 are collected from the competent authorities. In line with submitted data, the largest raspberry exporters are identified and contacted by the Commission with a special request for the submission of data and information.

Pursuant to all collected and analyzed data and information, the Commission was unable to derive a conclusion on the existence of disturbances on the 2017 raspberry harvest purchase market, which could be the result of preventing, restricting or distorting competition on the part of undertakings operating on the related market.

The inquiry also indicated on numerous issues of a systematic nature that both raspberry producers and buyers encounter. Such issues, as per understanding of the Commission, require the involvement of all relevant institutions towards finding a long-term and sustainable solution, so that the continued existence of this extremely important fruit-growing branch yielding significant export revenues would not be jeopardized.

The Commission wishes to express its gratitude to all undertakings for their duly submission of requested data during the competition inquiry process, and at the same time calls upon undertakings and other expert public to submit their comments to the inquiry, to email address: office.kzk@kzk.gov.rs with reference: Comments to the raspberry market inquiry.

President of the Commission for Protection of Competition Dr. Miloje Obradović received today the visit of Director of the Public Procurement Office Dr. Predrag Jovanović.

The meeting is initiated so as to additionally advance cooperation between the two institutions in order to advance the public procurement system and related controls in Serbia. Both parties have, among other things, agreed on more intensified exchange of experiences in resolving issues related to the public procurement controls.

The importance of advancing the knowledge of bidders and ordering parties in public procurement procedures is particularly emphasized, aimed at securing equal conditions for more cost-effective, efficient and transparent utilization of public funds in public procurement procedures. To that end, it is agreed that the two institutions need to co-organize workshops and seminars, both for ordering parties and for bidders in public procurement procedures.

Both parties also exchanged experiences concerning the two authorities’ activities in the EU integration process of Serbia within Chapter 5: Public procurement and Chapter 8: State aid and competition policy.

President of the Commission for Protection of Competition of the Republic of Serbia Dr. Miloje Obradović and Goran Petrović, Deputy Chairman of the Council of the Regulatory Authority for Electronic Media, signed the Cooperation Agreement between the two institutions.

The implementation of this agreement creates potentials for more intensive cooperation between the Commission, as an autonomous and independent organization performing public competences in accordance with the Law on Protection of Competition, and the REM, as an autonomous and independent regulatory organization performing public competences in accordance with the provisions of the Law on Electronic Media, with a view to protect public interest and strengthen the integrity of these authorities.

The agreement stipulates continuous exchange of information and data, as well as bringing into accord of positions on issues of common interest, in addition to the joint involvement in policy recognition-related activities implemented by the Commission and REM.

The Commission’s cooperation with institutions with whom agreements on cooperation were signed in the previous period is established as extremely beneficial, foremost in terms of data exchange potentials, but also in the context of exchange of positions on all current topics or proceedings conducted before the Commission or other authorities and institutions.

The Commission for Protection of Competition established that companies „MIP-RŠV“ from Ćuprija, „Inter-mehanika“ from Skorenovac, „Tatravagonka bratstvo“ from Subotica and „Šinvoz“ from Zrenjanin have infringed competition by bid rigging in the public procurement procedure – Arbel type freight cars maintenance, published by the ordering party „Termoelektrane Nikola Tesla“ (TENT).

In the proceeding conducted ex officio, the Commission established that these companies have agreed on price fixing in a bid rigging scheme. Thus they have concluded a special form of restrictive agreement within the meaning of Article 10, paragraph 1 and 2, item 1) of the Law on Protection of Competition.

The objective of “collusive tendering” was for each bidder to generate maximum profits from the operation by offering a pre-agreed lowest price, risk-free from not winning the lot in tendering procedure with other participating bidders or from a necessity to offer considerably lower price from the collusively agreed one needed to win the bid.

The consequence of such agreement between competitors – bidders in regards to the offered price was to eliminate mutual competition, causing TENT to pay over the odds for the related procurement vis-à-vis the real competitive conditions, withal causing detrimental effects on the Budget of the Republic of Serbia.

The Commission established the existence of restrictive agreement both based on economic indicators such as statistical data and offered prices analysis in addition to the identification of structural market indicators, and on the intelligence collected during a dawn raid and in other manners, as well as based on derived and substantiated evidence confirming the indication of existing agreement between these four bidders.

The Commission imposed monetary fines as a measure for protection of competition to the said companies, specifically in the amount of RSD 2,320,480.00 to company „MIP-RŠV“, RSD 1,475,000.00 to company „Inter-mehanika“, RSD 2,138,900.00 to company „Tatravagonka bratstvo“, and RSD 4,975,020.00 to company „Šinvoz“.

The Commission assessed that the parties have cooperated with the Commission throughout the entire investigation procedure towards faster, more efficient and cost-effective termination of the proceeding, which is taken as a mitigating circumstance when establishing the final amount of a measure for protection of competition.

The said companies are obligated to execute payments in the above-mentioned amounts to the Budget account of the Republic of Serbia within three months period.