The Commission for Protection of Competition has imposed a procedural penalty measure in the amount of 8,500 euro against undertaking „MIMO” d.o.o. Beograd, due to its failure to act on the Commission’s Request for the provision of information.

In the aforementioned request ordering the submission of data for the purpose of a proceedings for investigation of competition infringement instituted ex officio by the Commission against company Industrija smrznute hrane „Frikom” d.o.o., company „Mimo” was on two occasions warned of the consequences of omission in respect of the Commission’s order.
Taking into account that extended deadline for the submission of requested data has also been reached on August 25, 2018 and that said company failed to address the Commission with a request for the deadline extension or otherwise informed the Commission of the reasons not to act on the Commission’s Request for the provision of information, the Commission Council has enacted a decision on the procedural penalty measure.

Company „MIMO” d.o.o. Beograd is obligated to execute the penalty payment in the aforesaid amount within two months of receipt of the decision concerned, under the threat of enforcement measure. The amount set as a procedural penalty measure is paid into the Budget account of the Republic of Serbia.
Conducts contrary to the Commission’s orders, that is failures to act on its orders, are subject to the procedural penalty measures in the amount of 500-5,000 euro for each day of such conduct or omission, which is regulated by the provisions of Article 70 of the Law on Protection of Competition
.
When setting the amount of penalty payments, the Commission implements the criteria stipulated in the Law on Protection of Competition and the Regulation on criteria for setting the amount payable on the basis of measure for protection of competition and sanctions for procedural breaches, manner and terms for payment thereof and conditions for determination of respective measures, as well as in the Guidelines for implementation of the Regulation on criteria for setting the amount payable (…), enacted by the Commission Council on May 19, 2011.

The Law on Protection of Competition specifies that procedural penalty may not exceed 10% of the total annual revenue calculated in a manner stipulated by the Law. Also, procedural penalty measure does not release a party for the obligation to submit requested data, i.e. to act on the Commission’s requests.