The Regulation on the application of deadlines in administrative proceedings during the state of emergency („Official Gazette of the RS“, no. 41/2020, hereinafter – the Regulation), which entered into force on March 24, 2020, applies to administrative proceedings before the Commission, including concentration review proceedings and requests for individual exemptions of restrictive agreements, pursuant to the Law on Protection of Competition („Official Gazette of the RS“, nos. 51/09 and 95/13, hereinafter – the Law). The Regulation only refers to deadlines concerning written applications submitted during the state of emergency, and does not affect the implementation of other provisions in the Law, by-laws and other regulations.

In order to achieve legal certainty, protect the rights of the parties and foster the public interest, the Commission wishes to provide the following clarifications:

- while undertakings are still legally bound to notify concentrations and request individual exemptions, they shall not bear the consequences of their failure to comply with the deadlines set by the Law for notification of concentrations and requests for individual exemptions;

- deadlines expiring during the state of emergency, which concern taking administrative action, closing administrative proceedings (for example, adopting decisions in concentration summary proceedings) and deciding upon legal remedies, shall be deemed to have expired 30 days after the termination of the state of emergency;

- delivery of acts in administrative proceedings causing non-extendable deadlines to start running (acts such as decisions, resolutions closing the proceedings, resolutions on the protection of information), which occurs during the state of emergency, shall be deemed to have occurred, for the purpose of the prescribed deadlines, 15 days after the termination of the state of emergency;

- parties to the proceedings shall not bear the consequences of their failure to comply with the timelimit set in resolutions and other acts of the Commission requiring specific actions or conduct in ongoing ex parte and ex officio administrative proceedings; however, since the accurate and complete determination of facts is in the interest of the parties, the Commission invites them to act in a timely manner to the extent possible under the circumstances of the state of emergency;

- undertakings shall not bear the consequences of their failure to comply with timelimit set in resolutions and other acts of the Commission requiring their action in the context of sector inquiries.

While ensuring the consistent enforcement of this Regulation, the Commission will continue to decide on the rights and obligations of undertakings in accordance with the Law.