The Council of the Commission for Protection of Competition, based on the Resolution enacted on August 15, 2016, suspended competition infringement procedure established on October 26, 2015, against PUC Infostan Tehnologije from Belgrade. The Resolution found commitments of the PUC Infostan Tehnologije, the acting of which shall be regularly supervised by the Commission and in case of, during the period of the subsequent three years, a significant change of circumstances occurs based on which the resolution on suspension of established competition infringement procedure was set, the competition infringement procedure shall be reestablished.

The PUC Infostan Tehnologije from Belgrade commits to permanently alter their business policy in the following segments so that:

- New commercial services listing is performed either on the basis of written consent of the City of Belgrade citizens that are in the system of consolidated collection of utility services, or via notifications to the user, in accordance with the offer, that only by making a payment on the special payment slip will provide a consent for listing of particular items on the Infostan utility bill

- Listing of items from the bill derived from the system of consolidated collection of utility services is performed upon user’s request, i.e. City of Belgrade citizens that are in the system of consolidated collection of utility services, with the obligation to accept at their counters every written request for listing of commercial items from the utility bill, and that the same item be listed as from the following bill onwards, in addition to informing provider of the specific service on the performed operation

- Insurance companies are not provided with abstracted information on users that are not insured. For the purpose of implementation of this commitment, the option of providing information on users that are already insured by that specific insurer is allowed in order for offers not to be sent to those that are already insured by the same company

- Mandatory publish on the Infostan Tehnologija Internet page every new option for new items listing, with detailed explanation to the users

- In the following three years submit to the Commission for review purposes, every subsequent contract concluded with a third party interested for utilization of commercial conditions provided by the Infostan, with the request for providing an opinion

The Commission’s Council enacted decision on the suspension of established competition infringement procedure keeping in mind that by adopting of measures, danger of continuation of performing acts and activities on the market that led to a reasonable assumption of competition infringement is completely removed, based on which the competition infringement procedure was initiated ex officio, as well as that mentioned measures prevent the possibility of the same or similar future infringement occurrence.

During the session held on August 11, 2016, the Commission for Protection of Competition’s Council enacted decision on conditional approval of implementation of concentration created by the change of control of the Sunoko d.o.o Novi Sad company over Star Šećer d.o.o. Senta company, and consequently over TE-TO Senta A.D. sugar factory.

Based on the state of the matter determined during investigation procedure, the Commission concluded that by implementing of concentration, the Sunoko’ dominant position shall be strengthened, foremost in the sugar production and sugar distribution markets in the Republic of Serbia. For those reasons, implementation of the mentioned concentration can be approved only if accompanied by certain conditions prescribed by the decision. The Commission for Protection of Competition believes that by determining behavioral measures referring to Sunoko d.o.o Novi Sad, secures a prevention of potential adverse effects of the concentration in question.

The decision imposed conditions in a form of behavioral measures and mandatory regular reporting towards the Commission with the goal of securing market structure and retaining all production capacities, including the TE TO Senta sugar refinery on the market, transparent monitoring of the level, alterations in sugar prices on the market, improvement of sugar sale policy’s transparency and consumer business relations, as well as full disclosure of information to the Commission on the level and type of investments to be implemented in the TE TO Senta with the aim of increased production effectiveness, in the following manner:

1. Reporting on the processed sugar beets and manufactured sugar, separately for each of the sugar refineries owned by Sunoko.

2. In the case of liquidation, or Sunoko’ decision resulting in permanent closing of some of sugar refineries under their management, Sunoko is obliged to previously publically announce the sale of sugar refinery’s equity or property in no less than three daily newspapers regularly distributed in the whole territory of the Republic of Serbia, and in one foreign newspapers specialized in economy and finances and published in the territory of the EU, or on an Internet portal usually utilized for distribution of business related news.

3. Obligation of reporting on prices, on consequential changes in sugar prices individually for the Serbian market, EU, CEFTA and eventually the third market, on FCO sugar refineries parity, VAT free, with the submission of a rationale on samples and intensity of consequential changes.

4. Obligation to, no later than in six months, submit to the Commission a document with which it defines its domestic costumer sugar sale policy.

5. Reporting on possible alterations of existing contracts between TE-TO Senta A.D. sugar factory and costumers, and a rationale of those.

6. Commitment of submitting annual reports on measures and activities taken with the goal of maintaining business operations of the TE-TO Senta A.D. sugar factory, which may include, but are not limited to the following: repayment or debts, assumption of other financial expenditures, transfer of technical and technological know-how and experiences, transfer of managerial know-how and experiences, measures that influence increase of production effectiveness and reduction of sugar cost prices, as well as other, direct or indirect, financial, technical and technological, managerial, and other measures.

Ordered measures (except under Item 5), shall be implemented until the abolition of customs duties and levies on sugar imports in the Republic of Serbia, and no longer than for period of subsequent five years from the Commission decision’s legal validity date. Measure under Item 5 shall be implemented ending 2017.

Throughout the investigation procedure, the Commission obtained necessary data, information, as well as opinions on the effects of concentration from competitors as the concentration participants, their biggest suppliers and customers, in addition to the state authorities and organizations in charge of data relevant to this proceeding.

During the determination of conditions for approval of concentration, the Commission also kept in mind opinions and views on the effects of concentration that other undertakings have presented in the course of the proceeding, particularly industrial costumers.

The Commission also had in mind financial position of the TE-TO Senta A.D. factory. Regulated conditions, deadlines and manners for monitoring of their execution should eliminate Commission’s concerns related to securing efficient protection of competition, via preserving production capacities, implementation of planned investments that can achieve increased production efficiency, and thus, lower sugar cost prices, alongside transparent sale policy (discount policy) and price policy (intensity and causes of price alternations).

The Commission for Protection of Competition, based on the Commission President’s Resolution, initiated competition infringement proceeding ex officio against (Electric Power Industry of Serbia – Distribution) EPS Distribucija company.

During the proceeding in question, the Commission will investigate if the mentioned company, as a single electric power distribution system operator in the Republic of Serbia has misused privileged position by placing the EPS Snabdevanje in a competitive advantage against all other commercial suppliers of electric power.

The EPS Distribucija has, as per reasonable assumption of the Commission, in the course of contracting access to the electric power distribution system imposed an obligation of depositing funds on restricted (guarantee) deposit for securing payment for system access service for all distributive system users, apart from its affiliate company, the EPS Snabdevanje.

The City of Pančevo Assembly informed the Commission for Protection of Competition on taking into account its opinion, and that has during the City Council’s session determined draft amendment to alter disputed decisions’ provisions regulating public utility burials and cemetery management service.

A decision on amendments to the Decision on burials and cemeteries, as per information sent to the Commission, shall be adopted by the City of Pančevo Assembly by end-July.

The Commission previously sent opinions to the Assemblies of Cities of Novi Sad and Pančevo on the necessity to amend, i.e. precise disputed provisions of decisions arranging this utility service, in order not to distort competition and enable monopoly to the public utility companies in those cities.

The Commission uses this occasion once more to emphasize the importance of the City of Pančevo Assembly’s conduct since the adoption of amendments to the disputed provisions of the Decision will have a positive impact on the competition. These amendments will enable performing of certain burial services to all interested parties, i.e. not only to the public utility company but also other companies, entrepreneurs, and other business entities.

The Commission for Protection of Competition during the previous period has received а great number of initiatives for initiation of proceedings for infringement of competition, related to bid rigging in public procurements.

In order to establish a future practice, and with the goal of enabling a higher level of legal security and transparency, the Commission presents the view on the implementation of Article 10 of the Law on Protection of Competition in the case of affiliated undertakings in the public procurement procedures.

The Ministry of Construction, Transport and Infrastructure accepted comments and suggestions of the Commission for Protection of Competition and altered the Draft Law on Amendments to the Law on Utility Services.


The bill proposer’s willingness to fully cooperate with the Commission is the best example of joint efforts directed toward more qualitative regulation that will enable more efficient market competition, which should contribute to the economic prosperity and wellbeing of society, and in particular for the benefit of consumers.

The Commission has sent remarks to the previous Draft Law text providing the Chamber of Commerce and Industry of Serbia to issue an act on the fulfillment of conditions for performing utility services to a public enterprise, company, entrepreneur or other business entity. According to the Commission’s opinion, this regulation would have presented an additional barrier to the entrance of new, as well as to the continuation of business operations of current market undertakings that are registered for providing utility services.

In the final version of the Draft Law, the Ministry also incorporated Commission’s suggestions that certain services which can be performed independently and are related to the utility services, be clearly determined as the services of a commercial nature (burial service) that can be provided by undertakings registered under equal conditions, and not exclusively by a public company or a company in which the Republic of Serbia or local self-government unit owns minimum 51% of shares.

The Commission for Protection of Competition is publishing Draft commitments that the party in proceedings, the PUC “Infostan Tehnologije” from Belgrade is prepared to voluntarily assume for the removal of possible competition infringements, with the conditions and deadlines for the fulfillment of proposed measures. Also, the Commission calls upon all interested parties to submit written suggestions, views and opinions referring to draft commitments, in written form within 20 days from the announcement of notification.

On October 26, 2015, the Commission for Protection of Competition initiated proceeding ex officio against PUC “Infostan” for investigation of competition infringement pursuant to Article 16 of the Law on Protection of Competition (abuse of a dominant position).

On June 30, 2016, pursuant to the provisions of Article 58 of the Law on Protection of Competition (hereinafter: the Law), the party in proceeding – “Infostan”, submitted a proposal on suspension of proceeding with the precise listing of commitments – measures that is ready to voluntarily take for the removal of possible competition infringements, with the conditions and deadlines for execution of proposed measures.

The Commission determined the “Infostan Tehnologije” said application to be admissible, timely and submitted by the authorized party.

Pursuant to Article 58, Paragraph 1 of the Law, the Commission may pass a resolution on suspension of competition infringement procedure relating to issuing measure stipulated under Article 59 of the Law, if the party, based on the content of conclusion on the initiation of proceeding, i.e. facts determined during the proceeding, submits a draft commitments that is ready to voluntarily execute in order to eliminate possible competition infringements, with the conditions and deadlines for the fulfillment of listed measures.

Paragraph 2 of the said article of the Law prescribes a deadline in which party in the proceeding may present such proposal.

Following analysis of the initiative for investigation of possible competition infringement, the Commission sent opinions to the City of Novi Sad and Pančevo Assemblies on the necessity to amend, i.e. precise provisions of the decisions in question regulating burial and cemetery management utility services, in order not to distort competition and give monopoly to the public utility companies in those cities.

The City of Novi Sad Assembly positively reacted and informed the Commission that the City of Novi Sad Administration for Utilities has prepared a Draft decision on amendments to the Decision on performing utility services of burial and cemetery management, which will be adopted during the first working session of the City of Novi Sad Assembly, as per notice sent to the Commission.

The Commission emphasizes the importance of the City of Novi Sad Assembly’s conduct since the adoption of amendments related to disputed provisions of the Decision will have a positive impact on the competition and enable performing of certain burial services for all interested parties, i.e. not only the public utility company but also other companies, entrepreneurs and other business entities, an activity that needs to be performed in a competitive environment.

The Commission expects that the City of Pančevo Assembly will follow the City of Novi Sad Assembly’s behavior as well, and commence amending disputed provisions of the Decision on burial and cemeteries, as pointed out by the Commission.

Every undertaking that uses the option of submitting notification of concentration based on a genuine intent for implementation of concentration, i.e. for the conclusion of an agreement, can do so during any period of time following formal expression of such intent (by signing of a letter of intent, memorandum, compliance of wills, or in other manner that precede the act stated in Article 63, Paragraph 1 of the Law on Protection of Competition).

In those cases, notifying party shall not be imposed a measure of procedural penalty if it fails to notify concentration within the time limit, as stipulated in Article 63, paragraph 1 of the Law.

Signing of the Memorandum of cooperation between “Sunoko” and Austrian “Agrana” will not in any manner influence investigation procedure conducted by the Commission for Protection of Competition, said the President, Miloje Obradović, PhD, to “Fonet” agency.

He reminded that in mid-May, the Commission passed a resolution on initiation of investigation procedure ex officio regarding concentration of “Sunoko” and “Star šećer” company, the former being the owner of TE TO Senta sugar factory. The procedure has been initiated in order to investigate on any kind of competition distortion in this case.

– We are currently collecting necessary information related to the purchase of sugar beets, sugar production, processing and sale. It is quite certain that we will comply with the legally determined deadline for enacting of a decision, Mr. Obradović said.

The President of the Commission for Protection of Competition emphasized that if a change of ownership in “Sunoko” company occurs in a meanwhile, it must be reported to the Commission.

- That would constitute a new notification of concentration on which the Commission could not be able to decide before closure of the ongoing investigation procedure. These two procedures must be absolutely separated, Mr. Obradović concluded.