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.

The Commission for Protection of Competition, marking the annual Serbian Competition Day, organized the International Conference titled “Forward Agenda for Competition Policy”.

The event was opened by keynote addresses given by Siniša Mali, Minister of Finance, Snežana B. Petrović, President of the Committee on the Economy, Regional Development, Trade, Tourism and Energy of the National Assembly of the Republic of Serbia, Sem Fabrizi, Head of the EU Delegation to Serbia, and Dr Miloje Obradović, host of the Conference and President of the Commission for Protection of Competition.

In addition to Branko Ružić, Minister of State Administration and Local-Self Government, the ceremony marking the national Competition Day was also attended by senior representatives of all independent bodies and other state authorities of the Republic of Serbia, as well as a number of representatives of the diplomatic corps, academia and professional community, and undertakings operating on the market of the Republic of Serbia.

The team of the Commission for Protection of Competition of the Republic of Serbia, as well as all conference participants were also welcomed in a special video message from Margarethe Vestager, European Commissioner for Competition. She underscored that all competition authorities share an important privilege: that their work is essential for their citizens.

- If we are successful in our job of bringing about effective competition on the market, our citizens will have a better life. As competition authorities, we can only fulfill our role when we are ready to involve all key stakeholders, including regulatory bodies, national courts, businesses, so that they can better understand what we do and why we do it, said Vestager.

The Commissioner also underlined that the European Commission, and in particular DG COMP, will continue to constantly work with governments and competition authorities in the region, also to prepare for EU membership, and that good initiatives are those that bring together all regional actors in an inclusive format.

The fact that the Serbian Commission was identified by the European Commission, but also EU Parliament, as one of the most efficient independent authorities was commented on by President Obradović, arguing that the teamwork values fostered in the CPC are the key to success, in addition to good relations established with all national institutions and the support received from the state.

- We, at the Commission for Protection of Competition of the Republic of Serbia, do not perceive our institutional independence as a privilege enabling us not to communicate and co-operate with all those who can prove to be our valuable partners in an important task of improving the competition policy in our country – emphasized President Obradović, adding that the Commission’s team is aware that in its work must, foremost, ensure the legality and public interest.

Two panel sessions, “Regional Undertakings and Competition Policy” and “Commitment Decisions and Deterrence of Antitrust Infringements”, are held during the conference.

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The Commission for Protection of Competition has opened an antitrust investigation procedure ex officio on March 25, 2019, against PE Novi Autoprevoz from Vrnjačka Banja.

During the procedure, the Commission will investigate whether the company, as an operator of the only bus terminus in Vrnjačka Banja, has abused its dominance by charging various prices for bus services to passengers and bus carriers.

All persons in possession of valid data, 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 filing commitment proposals, pursuant to Article 58 of the Law on Protection of Competition, which PUC “Gradska toplana” Niš is voluntarily willing to undertake in order to remove potential infringements of competition, with a call to all interested parties to submit observations, positions and opinions relevant to the proposed commitments in written form.

The Committee on the Economy, Regional Development, Trade, Tourism and Energy of the National Assembly of the Republic of Serbia discussed and unanimously adopted the Activity reports of the Commission for Protection of Competition for 2017 and 2018.
President of the Commission Dr Miloje Obradović informed the Committee members that two annual activity reports of the Commission contain all key elements pertaining to the work of the national competition authority. The Commission, according to Dr Obradović, has increased its administrative and institutional capacities during the period referred, and was focused on efficient and effective law enforcement towards ensuring more effective competition in Serbia.

- Our objective is the creation of competitive markets where undertakings will increase their productivity, innovations and investments, resulting in faster economic growth, development and increased standard of living of the citizens of the Republic of Serbia, concluded President Obradović during his presentation of the reports before the Committee.

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