The Supreme Court of Cassation, by its judgement of 09.10.2015, dismissed the request for review of judgment of the Administrative Court submitted by ”Imlek a.d. Beograd and a.d. ”Mlekara Subotica”, by which, finaly, the Supreme Court of Cassation also confirmed that the decision of the Commission for Protection of Competition on abuse of dominant position by these dairies in the market of purchase of raw milk intended for further industrial processing in dairies in the teritorry of the Republic of Serbia, was lawful.
For the first time in this case, Commission made its decision on 25.01.2008, however, four years later, after the annulment of several decisions, on 09.08.2012 it issued a decision in revised procedure, which the Administrative Court assessed as lawful by its ruling of 05.01.2015. The Supreme Court of Cassation upheld the legality of this ruling by its judgement, thus also confirming the decision of the Commission.
This judgement is important too from the perspective of transferring the legal frame to the level of individual cases, i.e. to situations of certain behavior of market participants, the conditions and consequences of such actions in a particular market environment, thus confirming the predictability of practice of Commission and courts and the legal certainty of participants in the procedures for protection of competition.
18.11.2015