The Commission for Protection of Competition has conducted a dawn raid on business premises of companies SCLift2018 and Mikrolift in Babušnica.

The dawn raid was undertaken as part of antitrust investigations launched ex officio against said parties on concerns that the parties have been involved in bid rigging during a public procurement of lift repair services for the General Hospital Pirot. This act could represent a form of restrictive agreement under Article 10 of the Law on Protection of Competition.

The unannounced inspection of business premises, business files, evidence, documents and belongings was conducted with the assistance of the Police Force officers on reasonable grounds to believe that there is a risk of removal or alteration of evidence.

All persons in possession of the facts, documents or other relevant information that could contribute to the accurate fact-finding in this proceeding are invited to submit said evidence to the following address: Commission for Protection of Competition, 25/IV Savska St., Belgrade.

The Commission for Protection of Competition hereby publishes the Notice of the Commitment Proposal, pursuant to Article 58 of the Law on Protection of Competition, which company EPS Distribucija d.o.o. Beograd is voluntarily willing to undertake in order to remove potential infringements of competition, with a call to all interested parties to submit written objections, positions and opinions on the proposed commitments.

The Commission for Protection of Competition has opened a special telephone hotline and email address for all parties in possession of information and other available facts of alleged instances of infringement of competition occurring on individual markets in the Republic of Serbia.

Information on all details concerning the possibility and means of submission of initiatives for the opening of antitrust investigations can be obtained via email address inicijativa@kzk.gov.rs or by calling our helpdesk at 011 38 11 958
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Given that the Commission, pursuant to Article 35 of the Law on Protection of Competition, may also open an antitrust investigation procedure based on the received initiatives, we are hereby inviting and encouraging all parties in possession of information or facts of the existence of any kind of breach of competition, to contact the Commission and submit an initiative for the opening of antitrust proceedings before the Commission. The initiatives will be reviewed and handled by the Commission officials. The complainants will be informed of the outcome of the related initiative immediately following its handling. In all cases where antitrust proceedings based on submitted initiatives are launched by the Commission, the complainants are also entitled to be informed about the course of the investigation procedure.

IT IS IMPORTANT TO KNOW that the complainants do not have the status of a party in ex officio proceedings initiated on their initiative, but that their identity, as well as information considered to be a trade secret or other business sensitive data, may be protected pursuant to Article 45 of the Law on Protection of Competition.

Based on a conclusion enacted by the Commission President, the Commission for Protection of Competition has resumed proceedings ex officio in the matter of a merger which, according to the notification submitted by company Privredno društvo za proizvodnju hleba i peciva Don Don d.o.o. Beograd, is created by acquisition of direct individual control over a part of company Akcionarsko društvo za preradu žitarica Žitopromet, Zaječar.

The proceedings will be completed by the enactment of a decision within the statutory period of four months from the date of initiation of proceedings ex officio.

During the course of investigation procedure, the Commission will investigate whether the implementation of such concentration would significantly restrict, distort, or prevent competition on the market of the Republic of Serbia or its part, and especially if that restriction, distortion, or prevention would be the result of creating or strengthening of a dominant position.

The Commission will carry out all necessary actions, determine all facts and adduce evidence necessary for the definition of the relevant market, establish the structure of the relevant market, degree of concentration of the relevant market, and identify current and potential competitors, market position of the merger parities, legal and other barriers to entry into relevant markets, user interests, etc.

The Commission invites all persons in possession of data, documents or other relevant information that could contribute to the accurate fact-finding in this proceeding to submit said evidence at the earliest possible opportunity to the Commission, to the address 25/IV Savska St., Belgrade.

The Commission for Protection of Competition has established that Joint stock company for transportation services Niš-ekspres Niš has abused its dominant position on the bus station platform entrance market in the territory of the City of Niš, thus infringing competition rules from Article 16 of the Law on Protection of Competition.

As the Bus station Niš management company, Niš-ekspres a.d. has charged different prices for bus station services to passengers with various bus tickets, depending on the travel distance in km.

Furthermore, the Commission has established that company Niš-ekspres a.d. has also applied dissimilar business conditions with regard to persons purchasing platform tickets. They have been charged an amount that exceeded the highest amount of the bus station service fee charged with a bus ticket purchase covering the bus station platform entrance.

Niš-ekspres is ordered to pay the amount of 40,726,439.00 RSD into the Budget account of the Republic of Serbia as a measure for protection of competition, which corresponds to 1.3% of the aggregate turnover generated in the Republic of Serbia in the year preceding the launch of antitrust investigation proceedings.

President of the Commission for Protection of Competition Dr Miloje Obradović took part, with colleague Marija Antić, in the ordinary meeting of the Subcommittee on Internal Market and Competition, held in Brussels.

Dr Obradović provided a brief for the EC representatives on the progress reached within NG 8: Competition policy. The audience was also kept abreast of current events relating to the implementation of the Law on Protection of Competition and information on the Commission’s interim enforcement record, all of which are of particular importance in the context of ensuring a level playing field for all undertakings.

The Commission President also presented a detailed account of activities in connection with advancing knowledge of the general public on the importance of the culture of compliance with competition law.

- The Commission works intensely on raising awareness on the importance of competition policy in Serbia and insists on practices for the inclusion of all interested stakeholders when considering the overall needs for regulatory improvements aimed at ensuring the Commission’s operational transparency, said President Obradović during the Subcommittee meeting. – In the previous period, the Commission has increased its administrative and institutional capacities and remained focused on efficient and effective implementation of the Law towards ensuring more effective protection of competition in Serbia.

At the Subcommittee meeting regularly held as part of Serbia’s EU accession process is stated that our country follows the dynamics of EU competition policy development and strives towards the harmonization of its standards with respective EU standards to the extent possible.

That is also confirmed by the EC assessment in its recently published the 2019 Progress Report on Serbia, noting the progress in the number of detected cases of anticompetitive behaviors, increased number of sector inquiries and continued competition advocacy activities. However, the Report also references the need for intensified consultations with the Commission on all draft laws concerning competition.

The Commission for Protection of Competition of the Republic of Serbia has the administrative capacity, that is, qualitative experts to handle investigations on alleged infringements. The CPC’s investigations of large private and public companies have further contributed to improving its credibility and public image, says the 2019 EC Progress Report on Serbia, presented today at the Brussels headquarters of the European Commission.

In the Annual report covering the period from January 2018 to February 2019, it is mentioned that the Commission is the main institution responsible for implementing the legal framework governing competition, which is in line with all relevant provisions of the SAA and the acquis. The Report notes the progress in the number of detected cases of anticompetitive behaviors, increased number of sector inquiries and continued competition advocacy activities. However, the Report references the need for intensified consultations with the Commission on all draft laws concerning competition.

The activities of the Commission for Protection of Competition are reviewed in the said document under Negotiation Chapter 8: Competition policy.

The Commission for Protection of Competition of the Republic of Serbia has joined the group of authorities as founding members of the International Competition Network’s Framework for Competition Agency Procedures, aimed at fostering fair, informed and non-discriminatory procedures in competition law enforcement around the world and increased transparency.

New protocols of the International Competition Network agreed in early April this year are designed to streamline the enforcement procedures, while safeguarding procedural fairness and non-discriminatory approach of member countries towards ensuring that local competition rules afford national companies no less favorable treatment than the one granted to companies from other jurisdictions in like circumstances. The protocols are designed so as to ensure that respective competition authorities cannot rig outcomes in favor of privileged competitors, and in that manner put pressures on the economies of other countries.

The motive of the Commission to be among the founder members of new protocols of the International Competition Network was to send a clear message to all undertakings operating or planning to operate in the territory of the Republic of Serbia that this institution will continue to work in full respect of the principles of transparency and legal certainty of their investments, as regards the implementation of competition policy.

The Commission for Protection of Competition has published a video clip on its YouTube channel, produced in order to conveniently inform undertakings on their rights and obligations in dawn raids conducted as part of antitrust investigations.

Pursuant to the provisions of the Law on Protection of Competition, dawn raids are conducted by authorized officials of the Commission.

In an effort to bring the dawn raid procedure closer to all undertakings in the Republic of Serbia, the Commission has produced this video material under the project “Increasing economic growth through support to the promotion of competition policy”, supported by the Royal Norwegian Ministry of Foreign Affairs and the Embassy of Norway in Belgrade.

During today’s meeting with President of the European Bank for Reconstruction and Development Suma Chakrabarti, President of the Republic of Serbia Aleksandar Vučić supported the idea of the establishment of the Western Balkans Forum of Competition Authorities, based in Belgrade, Serbia.

The Forum is an initiative of the European Bank for Reconstruction and Development, aimed at intensifying cooperation between competition authorities from the Western Balkan region, principally focused on developing and coordinating processes at the senior executive level, in the context of exchange of knowledge and experiences. The principal body in charge of these activities would the Commission for Protection of Competition of the Republic of Serbia, while the national competition authorities from Slovenia, Croatia, BiH, Montenegro, Albania, and North Macedonia would be the Forum members.

- The fact that the President of the Republic of Serbia, Aleksandar Vučić, has supported this initiative is of paramount importance for our future activities relating to this project, said on the occasion Dr Miloje Obradović, President of the Commission for Protection of Competition, adding that the Forum is also supported by the European Commission.

In his view, intensifying cooperation through this initiative will improve regional cooperation and relations, but also further enhance efficiency in securing a level playing field on markets across the Western Balkans.

The establishment of the Forum was also a topic of the last week’s conference panel discussions, organized by the Commission to mark the Competition Day, as well as of a meeting between the heads of national competition authorities from the region and EBRD representatives. Moreover, the event served as a platform for all heads of national competition authorities from the Western Balkan region to meet for the first time in one place and discuss issues of common concern.