In accordance with competences from Article 35 of the Law on Protection of Competition, the Commission for Protection of Competition has instituted proceeding for investigating competition infringement ex officio against companies “B2M” LLC – Belgrade, “Grafo Trade” LLC – Belgrade, “Trgodunav” LLC – Belgrade, “Master Clean Express” LLC – Palić, and JSC CI “Panonija“ – Pančevo.
As part of the proceeding, authorized officials of the Commission for Protection of Competition have conducted dawn raids on several locations of the listed undertakings in Belgrade, with the goal of collecting additional information.
During the proceeding, the Commission will investigate if the listed companies, as bidders participating in the public procurement tendering for the provision of consumables for individual and collective hygiene maintenance issued by the Ministry of Defense, have colluded as per sale prices and other trade related conditions to be implemented on the public procurement market.
All persons in possession of data, documentation or other relevant information that might contribute to the fact-finding in this proceeding are called upon to submit the said to the Commission for Protection of Competition to the address: 25/IV Savska St., Belgrade.
Council of the Commission for Protection of Competition enacted a decision establishing the infringement of competition and imposing the measure for protection of competition to companies Vital from Vrbas and Victoriaoil JSC from Šid, on the basis of concluded restrictive agreement that limits and controls production and market of edible sunflower oil.
It is established that the above-mentioned companies as competing parties on the markets of production and sale of edible sunflower oil, have concluded the Contract on business cooperation, wherewith have created a framework for harmonizing behavior of undertakings, resulting in a restrictive nature of the said Contact pursuant to the Law on Protection of Competition.
The measure for protection of competition is imposed in the form of commitment payment of a monetary sum to companies Victoriaoil and Vital, in the amount of RSD 23m and 8.6m, respectively.
On April 12, 2017, Council of the Commission for Protection of Competition enacted a decision on the implementation of retail market sector inquiry.
According to the European Commission’s reports, the role of retail sector is of key importance for the European economic development, and in this regard individual EU countries (Germany, Great Britain, Finland…) continuously monitor competition related fluctuations in the context of observed sector developments.
The sector inquiry will contribute to the establishment of relations between retail market competing parties at the local, regional and national level. Also, this sector inquiry will encompass the wholesale market. This implies the estimate of market share and relative power of undertakings, analysis of contractual relations between suppliers and trade chains, in addition to analyzing effects of those relations on the market competition.
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The issue of particular importance will be the relation between retailers and their suppliers in terms of establishing differences in the degree of negotiating power between small and large trade chains, as well as between those operating at the national, regional and local level. The second important aspect is the issue of suppliers positioning that can also be perceived via the likelihood and manner of exerting the influence on shelving display size in retail stores, or imposing potential obligation to pay compensations (slotting fee, risk of de-slotting when suppliers refuse to reduce prices or change other important terms and conditions of payment, and ‘pay-to-stay’ fees). The issue of rebates policy will be analyzed in detail, and particularly in regard to setting the types of approved rebates, amounts and criteria for their approval.
Keeping in mind that the development of private-label products is a trend that can be identified on the retail market, influence of product brands on consumer selection will be also analyzed, along with the profitability and negotiating power of trade chains and suppliers positioning.
And last but not less important, results of this sector inquiry will enable implementation of ex-post analysis of substantial concentrations previously executed in this sector.
President of the Commission for Protection of Competition of the Republic of Serbia, Dr. Miloje Obradović and Dean of the University of Belgrade Faculty of Law, Professor Dr. Sima Avramović, have signed the Memorandum of Cooperation between the Commission for Protection of Competition and Belgrade Faculty of Law.
The Memorandum of Cooperation defines founding of the professional and educational cooperation between these two institutions in the area of competition policy via organizing seminars, hosting lectures of the Commission’s experts, joint thematic workshops, developing student internship program, joint publishing activities from the competition area, etc.
The Memorandum of Cooperation signed with the Belgrade Faculty of Law is a third agreement of this kind the Commission has signed with the university community members.
The signed document shall enable investing joint efforts in promoting and advocating for competition policy and raising knowledge levels in the area of competition law, in addition to achieving more qualitative education of students toward attaining the set objectives.
Commission for Protection of Competition is this year’s Honorable Mention recipient to the 2016-2017 Competition Advocacy Contest – Elevating Competition Policies in Economic Policy Agendas: “Innovative Advocacy Strategies to Address Market Challenges”, launched by the International Competition Network (ICN) and the World Bank Group (WBG).
Submitted story, written by Ms. Gordana Bulatović, Chief of Staff to the Office of the Commission President and Coordinator of International Cooperation of the Commission, was entered into one of categories presented – “Implementing advocacy strategies at multiple levels (regional, national, subnational, economic wide and sector specific)”.
The Commission’s story presented with this prestige award, relates to implementing competition advocacy with the state authorities, where objective of the Commission activities is directed towards amending legal provisions favoring public enterprises and limiting other undertakings’ access to utility services market.
The selection panel emphasized that the awarded story undoubtedly showcased the important role that competition authority can play in promoting competitive neutrality vis-à-vis all market participants.
The recognition is awarded by the Advocacy Contest selection panel, comprising of reputable experts for competition issues of the World Bank Group (WBG) and International Competition Network (ICN). The award ceremony will take place during the ICN Annual Conference in Portugal, on May 11. The Commission for Protection of Competition of the Republic of Serbia is one of more than 140 members of the International Competition Network (ICN).
This already traditional annual contest aims to highlight the key role competition agencies play in promoting competition by showcasing their advocacy success stories.
The list of all awarded stories per categories is available on the World Bank Group website http://www.worldbank.org/en/events/2016/10/24/the-2016—2017-competition-advocacy-contest#4
Commission for Protection of Competition conditionally approved implementation of concentration created by acquisition of control on the part of Serbia Broadband – Srpske kablovske mreže LLC over Interaktivne kablovske objedinjene mreže – I.KOM LLC.
Based on the established facts, the Commission Decision recognized that the straightening of dominant position on the part of SBB company will occur only on the retail market of media content distribution services. For that reason, implementation of this concentration is approved, subject to the determined conditions.
SBB company will conduct a disinvestment within the set deadline, that is, sell parallel secondary network infrastructure on the territory of the City of Belgrade, where exist horizontal overlaps between related concentration parties.
The decision also sets conditions relating to the mandatory regular reporting on potential changes in retail prices of media content services provided via SBB basic package, as well as on the causes and intensity of related changes, in the duration of two years effective from the validity day of the decision.
SBB company is also ordered to offer current IKOM company service users the alternative possibilities when concluding new contracts, as per their choice, namely: Contract for an indefinite period offered by SBB to current or potential new users in line with the valid regular terms and conditions, or Contract for a fixed term offered to current or potential new users in line with the valid promotional terms and conditions.
During investigation proceeding, the Commission collected all necessary data, information and opinions on the concentration effects from competing parties to the concentration participants, in addition to the emitters and independent regulatory authorities competent for data considered relevant to this proceeding.
On March 3, 2017, President of the Commission for Protection of Competition enacted a decision on approving implementation of concentration in summary procedure, created by acquiring control on the part of company Agrana Beteiligungs – Aktiengesellschaft – Vienna, Austria, over company Sunoko Ltd., with registered seat in Novi Sad, Republic of Serbia.
Pursuant to the established facts determined during the proceeding, the Commission recognized that by implementing related concentration, no significant structural alterations will occur on the sugar beet production, buy up and processing market, and beet sugar production and wholesale market in the Republic of Serbia.
Agrana Beteiligungs company is present on the market of the Republic of Serbia solely in the sugar wholesale market segment, but only by selling extremely small quantities. On the other relevant markets – sugar beets production, buy up and processing market, and beet sugar production market in the Republic of Serbia, Agrana Beteiligungs company is not present.
The Commission emphasizes that by means of the Decision dated August 11, 2016, Sunoko – Star šećer concentration is conditionally approved, subject to the implementation of certain measures. The aforementioned Decision imposes conditions in the form of behavioral measures and mandatory regular reporting the Commission, aimed at securing market structure and preserving all production capacities, including the sugar refinery TE TO Senta on the market, transparent monitoring of sugar levels and market fluctuations in sugar prices, improving transparency of sugar sale policy and business relations with the buyers, as well as full disclosure of information before the Commission on the level and type of investments to be implemented in the TE TO Senta company aimed at increasing production efficiency.
The listed conditions are still effective.
In the previous period, and specifically as on January 22, 2017, the Commission for Protection of Competition has intensively conducted an analysis of all claims occurring in the public, relating to the alleged systematic errors arising when calculating the consumed electricity balance for December 2016.
Following the analysis of all claims at the Commission’s disposal, including the “Electric Power Industry of Serbia” statement on the results of conducted internal control, it is concluded that in this case cannot be reasonably assumed that the abuse of dominance has occurred, and thus exist no grounds for instituting procedure ex officio for determining infringement of competition.
The Commission emphasizes that when analyzing all claims of systematic errors arising when calculating the consumed electricity balance of households in December 2016, has established a full cooperation with the competent “Electric Power Industry of Serbia” representatives.
President of the Commission for Protection of Competition of the Republic of Serbia, Miloje Obradović, PhD, and Dean of the Faculty of Economics, University of Kragujevac, Professor Petar Veselinović, PhD, have signed the Memorandum on Cooperation between the Commission for Protection of Competition and Faculty of Economics in Kragujevac.
Memorandum on Cooperation defines founding of expert and educational cooperation between these two institutions in the competition policy filed via organizing seminars, visiting lectures of the Commission’s experts, joint thematic workshops, developing students’ internship programs, and joint publishing activities in the competition policy area.
On the occasion of signing the Memorandum, the Commission President emphasized that the introduction of market economy should be encompassed by appropriate knowledge of the competition policy and law as a main free market driving force, as well as by thorough education of economists and lawyers in reference to related regulation drafting and implementation.
The signed document will enable acting in concert towards promoting competition policy and raising awareness of its importance, in addition to introducing an academic course in the field of competition policy as an elective for Masters level students.
Commission for Protection of Competition instituted proceeding ex officio for investigating unreported albeit implemented concentration created by the acquisition of an individual control by „Prointer IT Solutions and Services” LLC, Belgrade, over „Alti” LLC, Čačak, wherewith the earlier joint control over the aforesaid company, implemented by Aleksandar Jevtović and „Prointer IT Solutions and Services”, is transformed into an individual.
This business transaction represents a concentration, pursuant to Article 17 of the Law on Protection of Competition, which fulfilled the conditions of reporting to the Commission, pursuant to Article 61 of the LPC.
During the investigation procedure, the Commission will evaluate the criteria envisaged by the Law (Article 19 of the LPC) determining the permissibility of concentration, and in particular, the circumstance related to implemented albeit unreported concentration, which constituted a commitment of an undertaking (Article 63 of the LPC).
All parties in disposal of data, documents or other relevant information that may contribute to the relevant fact-finding in this proceeding are hereupon invited to immediate submit the aforementioned to the Commission for Protection of Competition to the address: 25/IV, Savska Street, Belgrade.
The Law foresees that concentrations of undertakings are permitted, unless they significantly restrict, distort or prevent competition in the market of the Republic of Serbia or its part, and especially if that restriction, distortion or prevention is the result of creating or strengthening of a dominant position.
