The application of Article 21(1/8) of the Law on Protection of Competition

The Law on Protection of Competition (Official Gazette of the RS 51/09 and 95/13) in Article 21(1/8) stipulates that the Commission for Protection of Competition delivers opinions on the implementation of competition rules.

Opinions on the implementation of rules represent an explanation for the proper implementation of legislation and regulations and a position of the authority on individual provisions within the meaning of their general application, and not their application with respect to a specific legal situation. On those points, we believe that the request/application for the delivery of opinions on the implementation of rules relating to their application with respect to a specific business activity, cannot be considered within the meaning of the quoted legal provision. This course of action of the authority may be viewed as a form of legal assistance in the specific case, which is not the purpose of the provision concerned.

Exceptionally, if the exercise of rights, that is, implementation of decisions on the rights and obligations of undertakings in proceedings conducted before other relevant authorities or organizations depends on the delivery of opinions by the Commission with respect to the implementation of competition rules, and in particular when such provision is laid down by a specific law, the Commission shall deliver an opinion with respect to a specific situation, if the undertaking concerned submits such an order of the relevant authority/organization (for instance, in the privatization procedure, bankruptcy procedure, etc.).

The Commission considers that the activities relating to the delivery of opinions on the implementation of competition rules need be directed at issues that require additional clarifications having in mind the implementation period of the law and the existing practice.
The annual activity reports and publications uploaded on the official website will contain opinions delivered by the Commission within the scope of its respective competences.