On June 18, 2018, the Commission for Protection of Competition enacted a decision in the repeated proceedings, complying with the judgment of the Administrative Court. The said judgment annulled the previous decision of the Commission on the establishment of competition infringement by company EPS Distribucija and referred back the case to the Commission for assessment.

As in the case of earlier decision-making process, the Commission found on this occasion as well that company EPS Distribucija holds a dominant position which has been abused.

The Commission for Protection of Competition approved the concentration of undertakings created by acquisition of control on the part of company VINCI Airports Serbia d.o.o. over business operations of company AD AERODROM NIKOLA TESLA, relating to airport management operations at Nikola Tesla Airport in Belgrade.

The subject of target business operations relates to concession assets, as defined in the Concession agreement for financing, development through construction and reconstruction, maintenance and management of the infrastructure of AD Aerodrom Nikola Tesla Beograd and carrying out airport operator activities at AD Aerodrom Nikola Tesla in Belgrade. VINCI Airports Serbia d.o.o. operates within the VINCI Group, who have not hitherto carried out airport operator activities nor conducted business operations on the airport services market in Serbia.

The decision will be published on the Commission’s website when related conditions are met, that is, on the expiry of the period for bringing an appeal against the conclusion on data protection.

In cooperation with the Embassy of Japan, JFTC – Japan Free Trade Commission and JICA – Japan International Cooperation Agency, the Commission for Protection of Competition organized training sessions on the current and future challenges of Japan in the fight against cartels and bid rigging in public procurements.

These training sessions were undertaken with the prospect of gaining new knowledge and understanding by not only employees of the Commission for Protection of Competition but also representatives of other institutions, as well as stakeholders on the best global practices in competition policy enforcement.

The event was opened by President of the Commission for Protection of Competition Dr. Miloje Obradović and H.E. Junichi Maruyama, Ambassador of Japan to Serbia.

The Commission for Protection of Competition is publishing the Proposal of commitments which the party to the proceedings, company Sirmiumbus from Sremska Mitrovica, is voluntarily willing to undertake in order to eliminate possible infringements of competition, containing terms and conditions for execution of the proposed commitments.

Also, the Commission calls upon all interested parties to submit written remarks, positions and opinions on the proposed commitments, no later than 20 days from the date of publication of the notice.

By way of reminder, the Commission for Protection of Competition had instituted ex officio proceedings against company Sirmiumbus d.o.o. Sremska Mitrovica on September 22, 2017, in order to investigate the infringement of competition from Article 16 of the Law on Protection of Competition (abuse of dominance).

On March 14, 2018, company Sirmiumbus has submitted a submission entitled “Request for suspension of proceedings”, amended by a submission of April 19, 2018, headed “Amendment to the request for suspension of proceedings”. The submissions mentioned also contain the proposal of commitments which company Sirmiumbus is voluntarily willing to undertake in order to eliminate possible infringements of competition, containing terms and conditions for taking the measure.

The Commission has established that the proposal of commitments concerned is admissible, timely and submitted by a duly authorized person.

Pursuant to Article 58(1) of the Law, the Commission may enact a conclusion on suspension of investigation of competition infringement, imposing the measure referred to in Article 59 of the Law, if the party, based on the content of the conclusion on instituting proceedings, that is, facts established in the proceedings, submits a proposal of commitments that is voluntarily willing to undertake in order to eliminate possible infringements of competition, containing terms and conditions for taking the measure. Article 58(2) stipulates a deadline by which the party to the proceedings may place such proposal.

Representatives of the Commission for Protection of Competition have participated as guests at the Working group session of the National Convention on the EU which monitors the negotiations on Chapter 8 – Competition policy, held in Niš. This occasion also served as an opportunity to present results to the expert public of Niš of the Phase I of the Sector inquiry into the food, beverages and tobacco retail market in the Republic of Serbia.

Prof. Dr. Marija Radosavljević, Vice-Dean for Scientific Research, has addressed the audience in the opening of the session, followed by keynote addresses given by Marko Obradović, Council member of the Commission for Protection of Competition, Dr. Boban Stojanović, Full Professor at the Faculty of Economics in Niš, and Ivan Đekić, member of the Working group of the National Convention on the European Union and of the Society of Economists of Niš.

The sector inquiry into the retail market prepared by the Commission was presented by Dr. Siniša Milošević, Head of the Economic Analyses Division, and Aleksandra Ravić, Senior Advisor in this sector.

Following the presentation of the analysis, CPC representatives have opened a discussion on the role and importance of presented results and prospects for the retail sector development.

The Commission for Protection of Competition has instituted a proceedings against seven undertakings alleging that competition from Article 10 of the Law on Protection of Competition has been infringed by bid rigging in public procurements.

Proceedings ex officio is instituted against the following undertakings: Original, preduzeće za spoljnu i unutrašnju trgovinu i usluge doo Beograd (Novi Beograd), Mikops doo Export-Import za proizvodnju, trgovinu i usluge Niš, Preduzeće za usluge i trgovinu Birolinija, društvo sa ograničenom odgovornošću Beograd, Biro print sistemi doo Beograd, Preduzeće za trgovinu i usluge Dikti Line doo, Beograd, Društvo za spoljnu i unutrašnju trgovinu Birodeveloping doo Niš, Društvo za proizvodnju, promet i usluga Birotehnika, Export-Import doo, Jagodina.

By implementing legal powers, officials of the Commission for Protection of Competition have conducted a dawn raid on five locations. Use of dawn raids, as an exceptionally efficient instrument for detecting acts or actions of undertakings that as their purpose or effect have or may have a significant restriction, distortion or prevention of competition, in this instance as well served to collect documentation considered valuable for the further conduct of the Commission in this case.

President of the Commission Dr. Miloje Obradović took part in an event marking the European Competition Day, held this year in Sofia, Bulgaria. During the working session of the largest European gathering on competition policy, Dr. Obradović also met with Margrethe Vestager, European Commissioner for Competition.

On the occasion, President Obradović introduced the European Commissioner for Competition to activities and plans of the Commission for Protection of Competition and invited the Commissioner to visit Belgrade during the first session of the Western Balkans Forum of Competition Authorities.

Ms. Vestager thanked the Commission for the invitation, noting that the start of operations of the Western Balkans Forum of Competition Authorities is a good occasion for her first visit to the Commission for Protection of Competition of the Republic of Serbia.

The Commission for Protection of Competition of the Republic of Serbia and the National Alliance for Local Economic Development (NALED) have organized a conference today, presenting the results of phase one of the sector inquiry into the food, beverages and tobacco retail market in the Republic of Serbia, prepared by the Commission for Protection of Competition.

During the conference held in the City Assembly of Belgrade, keynote addresses were given by President of the Commission for Protection of Competition Dr. Miloje Obradović, State Secretary at the Ministry of Trade, Tourism and Telecommunications Vesna Kovač, and Vladimir Čupić, President of the Food and Agriculture Alliance of NALED and Director of the Atlantic Group Representative Office for Serbia.

The inquiry was presented by Aleksandra Ravić from the Economic Analyses Division of the Commission for Protection of Competition.

Following presentation of the inquiry-based results, a panel session on retail market prospects in Serbia was also held, attended by Dr. Siniša Milošević, Head of the Economic Analyses Division of the Commission for Protection of Competition, Bojana Amanović from the Ministry of Trade, Tourism and Telecommunications, Dr. Goran Petković, Full Professor at the Faculty of Economics in Belgrade, and Goran Kovačević, NALED Fair Competition Alliance and CEO of Gomex.

The Commission for Protection of Competition has prepared a short guide to the rights and obligations of the parties during dawn raids. In this manner, the Commission’s intention was to bring the dawn raid procedure as close as possible to market participants, while by presenting the rights and obligations, potential penalties which are implemented if a party interferes with the conduct of inspections are also brought forward.

The Commission is authorized to implement dawn raids in competition investigation procedures. Dawn raids are carried out by authorized persons of the Commission, in accordance with the provisions of the Law on Protection of Competition and the Law on General Administrative Procedure, and within the powers established by way of a conclusion on the implementation of dawn raids which are enacted by the Commission President

President of the Commission for Protection of Competition Dr. Miloje Obradović received a visit from Ambassador of the Republic of Korea to Serbia YOO Dae Jong.

Dr. Obradović introduced the Ambassador to numerous activities of the Commission for Protection of Competition, as well as plans for enhancing procedures and competition advocacy in Serbia.

The Ambassador of the Republic of Korea expressed a desire to expand already established cooperation at all levels with the Commission for Protection of Competition, which was launched last year by organizing a very well attended workshop on the implementation of the leniency programme in the Republic of Korea, held in Belgrade. This event was aimed at acquiring increased knowledge by not only employees but also other stakeholders on the best global practices in implementing competition policy.

President Obradović voiced satisfaction with the initiative presented by Ambassador YOO Dae Jong, which may result in even more intensified cooperation and exchange of experiences between the Korea Fair Trade Commission and the Commission, with the overall aim of improving the business environment in Serbia.