The Commission for the Protection of Competition participated in the 21st annual conference “Global Forum on Competition”, which is traditionally organized by the Organization for Economic Cooperation and Development (OECD), at its headquarters in Paris.

Officials from around 110 competition protection authorities and international organizations were invited to this year’s conference, and the topics were: “Goals of competition policy”, “Subsidies, competition and trade”, “Interaction between competition protection bodies and sector regulators” and “Remedies and commitments in cases of abuse of a dominant position”.

In the introductory part of the conference, the participants of the meeting were addressed by high-ranking officials of international organizations, namely the general secretaries of the OECD and UNCTAD, Mathias Cormann and Rebeca Grynspan, the executive vice-president and commissioner for competition of the European Commission, Margrethe Vestager, the chairman of the OECD Committee on Competition, Frédéric Jenny and Director of the OECD Directorate for Financial and Business Affairs, Carmine di Noia.
On the second day, during the panel, representatives of the Commission gave a presentation related to the previously submitted written contribution and the Commission’s relationship with national sector regulators.

The conference represented a good way of connecting the Commission with representatives of competition protection authorities from all over the world, then, actualizing contacts with competition protection authorities from the region during the coronavirus pandemic aftermath and finally, direct representation of the Commission in the international arena.

Within the project “Effective Public Procurement in the Service of Economic Growth”, implemented by the National Alliance for Local Economic Development (NALED) with the support of Swedish Agency for International Development (SIDA), a round table was held on the 30 November 2022 named “Protection of Competition in Public Procurement”.

The foreign guest at the round table was Mr. Gianluca Sepe from the Italian competition authority, who presented the practice, challenges and recommendations from this area. The domestic participants included representatives from the Commission for Protection of Competition, Public Procurement Office, Republic Commission for the protection of rights in public procurement procedures and Anti-corruption agency.

The purpose of the round table was emphasizing the importance of competition protection in procedures of public procurement and additional connecting and strengthening of cooperation between the institutions that are competent for this area.

Final conference of the project was organized on 01 December 2022 with attendance of high officials.

The Organization for economic cooperation and development (OECD) together with the Chamber of Commerce of Serbia, held a conference where the results of the OECD project entitled “Fair market conditions for competitiveness” were presented.

Member of the Council of the Commission, Čedomir Radojčić, participated in a panel dedicated to the topic of strengthening competition protection in the Republic of Serbia, with special reference to the Commission’s role in increasing the level of competitiveness of the national market and the tools it has at its disposal in terms of raising awareness of the need for and ways to comply with the rules protection of competition.

During the conference, held in the Chamber of Commerce of Serbia, the work of the Commission for the Protection of Competition was positively evaluated by OECD experts in the presentation regarding the state of competition in the Republic of Serbia.

An international conference on the implementation of competition policy and consumer protection was held in Georgia on November 16 and 17, 2022, in which the Commission for the Protection of Competition of the Republic of Serbia participated.

The two-day event was jointly organized by the Georgian National Competition Agency, the National Bank of Georgia, the Georgian National Energy and Water Supply Regulatory Commission, the National Communications Commission, and the Insurance State Supervision Service of Georgia.

The conference was attended by more than 15 delegations of competition protection bodies from different countries, domestic and international experts, representatives of public agencies, the academic community, international organizations and the business sector. The meeting discussed competition law mechanisms, consumer rights protection, cases and activities carried out by competition protection bodies and regulatory agencies.

The parallel session topic also covered: Competition policy and sustainable development; Competition policy on regulated markets/interagency cooperation; Indirect mechanisms of application of the Law on Protection of Competition (Advocacy); Refusal of business as a form of abuse (Essential Facility); etc.

The Commission’s delegation consisted of: Council member Miroslava Đošić, Head of the Sector for Determination of Competition Infringements Marina Joksimović and Head of the Sector for Normative – Legal, Personnel and General Affairs Milica Stanković.

The Commission for Protection of Competition in cooperation with the Serbian Chamber of Commerce (SCC) presented to market participants new Guidelines for the development of business compliance programs with regulations on competition protection in all major cities in Serbia.

Presentation in the Regional Chamber of Commerce of the South Banat administrative region in Novi Sad, third in a row, was held as a thematic meeting of the Parliament of the businessmen in an extended attendance related to the topic “Business compliance programs with rules on competition protection”.

Čedomir Radojčić, member of the council of the Commission for Protection of Competition and Maja Dobrić, independent advisor, presented the attendees with the rules from the area of protection of competition and Guidelines for the development of business compliance programs.

In order to assist market participants in the process of adopting a compliance compliance program, the Commission briefly describes and clarifies these “steps” in these workshops and guidelines in the adoption of such programs as well as competition rules.
The next presentation of Guidelines shall be held on 15 December in Kragujevac, in the Regional Chamber of Commerce of the Šumadijski and Pomoravski administrative region.

Commission for the protection of competition initiated the procedure of examination of competition infringements, ex officio, in order to determine the existence of abuse of a dominant position, in the sense of Article 16 of the Law on the Protection of Competition against the company Glovoapp Tecchnology doo Beograd (Glovo) and carried out dawn raids in its premises.

During the analysis of the conditions of competition in the field of digital platforms for mediating the sale and delivery of mainly restaurant food and other products, the Commission observed contractual provisions in the contracts concluded by Glovo with its partners, which could result in the exclusion or difficulty of the expansion of other competitive platforms, as well as provisions that may result in discrimination of partners through the application of unequal business conditions, all of which constitutes an abuse of a dominant position.

Namely, certain contracts and general conditions of business with partners contain a prescribed fee that the partner is obliged to pay if it enters into similar partnerships with other platforms, i.e. high amounts are offered in the form of investment for marketing, with the obligation to return the amount if cooperation with another platform is established.

The application of unequal business conditions to the same agreements with different market participants is primarily reflected in the form of different commissions to different partners, and depending on whether they cooperate only with Glovo or with competing platforms.

Including such exclusivity clauses in contracts with partners or various forms of incentives or pressures to maintain exclusivity, could exclude competitors from the market or reduce their ability to compete, which could ultimately lead to higher prices, less choice and lower quality offers, all to the detriment of consumers.

After taking over the Donesi platform in 2021, the company Glovo significantly expanded its business network and drastically increased its market share and gained a dominant position, which also changed the structure of this market. As such, it has a special responsibility in relation to the actions it undertakes in the market.

The Commission hereby invites all persons who have data, documents or other relevant information that can contribute to establishing the factual situation in this procedure to submit them to the address of the Commission for the Protection of Competition, 25/IV Savska Street, Belgrade.

The Commission for Protection of Competition initiated ex officio proceedings against the company ANANAS E-COMMERCE doo Beograd, for the purpose of investigating the concentration which was carried out even though it was not approved in accordance with the Law on Protection of Competition, and which had, according to the reasonable assumption, resulted from the acquisition of control by company ANANAS E-COMMERCE over the company VEBSPOT DOOEL Skopje.

In the investigation proceedings, the Commission will evaluate the criteria prescribed by the Law (Art. 19 of the Law on Protection of Competition) which determine the permissibility of a concentration, and in particular, the circumstance that the concentration under review had been implemented, but not notified, which was the obligation of market participants. The law stipulates that concentrations of market participants are allowed, unless they would significantly restrict, distort or prevent competition on the market of the Republic of Serbia, and especially if that restriction, distortion or prevention would be the result of creation or strengthening of a dominant position.

The Commission will determine the important facts, evidence and other elements on which it will base its decision regarding the possible determination of a measure of protection of competition, that is, a measure of deconcentration.

By way of conclusion on initiation of the proceedings, all persons who possess data, documents or other relevant information which may contribute to the establishment of the correct facts in this case are invited to submit them without delay to the Commission for Protection of Competition at the address 25/IV Savska Street, Belgrade.

CPC Commission for the protection of competition in cooperation with the Chamber of Commerce of Serbia (PKS) held the third presentation of the Guidelines for the development of a program of business compliance with regulations on the protection of competition in Niš.

In order to help market participants in the process of adopting a compliance program, the Commission, through these workshops and guidelines, briefly describes and explains certain “steps” in adopting such programs as well as competition protection rules.

The next workshop will be held on November 15 at the Regional Chamber of Commerce of the South Bačka administrative district in Novi Sad.

The Commission for Protection of Competition initiated ex officio proceedings against the company Dobergard DOO Beograd, for the purpose of investigating the concentration which was carried out even though it was not approved in accordance with the Law on Protection of Competition, and which, according to the reasonable assumption, resulted from the acquisition of control by company Dobergard over the company Sparta Security DOO and over the company Protecta Group DOO Beograd.

In the investigation proceedings, the Commission will evaluate the criteria prescribed by the Law (Art. 19 of the Law on Protection of Competition) which determine the permissibility of a concentration, and in particular, the circumstance that the concentrations under review had been implemented, but not notified, which was the obligation of market participants. The law stipulates that concentrations of market participants are allowed, unless they would significantly restrict, distort or prevent competition on the market of the Republic of Serbia, and especially if that restriction, distortion or prevention would be the result of creation or strengthening of a dominant position.

The Commission will determine the important facts, evidence and other elements on which it will base its decision regarding the possible determination of a measure of protection of competition, that is, a measure of deconcentration.

By way of conclusions on initiation of the proceedings, all persons who possess data, documents or other relevant information which can contribute to the establishment of the correct facts in these proceedings are invited to submit them without delay to the Commission for Protection of Competition at the address 25/IV Savska Street, Belgrade.