Serbia-Montenegro (September 16, 2005): Difference between revisions
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'''Score = 19''' | '''Score = 19''' | ||
''Governed by:'' Law on Protection of Competition, adopted September 16, 2005.<ref>Global Competition Forum website, http://www.globalcompetitionforum.org/regions/europe/Serbia/LAW%20ON%20PROTECTION%20OF%20COMPETITION%20Serbia.pdf</ref> | ''Governed by:'' Law on Protection of Competition, adopted September 16, 2005.<ref>Global Competition Forum website, http://www.globalcompetitionforum.org/regions/europe/Serbia/LAW%20ON%20PROTECTION%20OF%20COMPETITION%20Serbia.pdf</ref> Law came into effect on Sept. 23, 2006.<ref>From Serbia's antimonopoly authority, at http://www.kzk.org.yu/?link=97&lang=1</ref> | ||
{| class="wikitable" | {| class="wikitable" | ||
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| | | | ||
| 3rd Party Rights in Proceedings | | 3rd Party Rights in Proceedings | ||
| | | 1 | ||
| | | Article 64 requires oral hearing if there are multiple parties with conflicting interests. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
Latest revision as of 14:33, 18 June 2008
Score = 19
Governed by: Law on Protection of Competition, adopted September 16, 2005.[1] Law came into effect on Sept. 23, 2006.[2]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Art. 3 extends scope beyond Republic of Serbia |
| Remedies | Fines | 1 | Art. 71-72 provide for fines. |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Article 57 describes types of 3rd parties entitled to initiate proceedings through the Commission. |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 1 | Article 64 requires oral hearing if there are multiple parties with conflicting interests. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Art. 23 requires mandatory advance notification | |
| Pre-merger | 2 | Art. 23 requires mandatory advance notification | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Art. 28(3) considers market strength |
| Restriction of Competition | 1 | Art. 28(2) considers level of competition | |
| Public Interest (Pro D) | 1 | Art. 28(9) considers public interest, including international competitiveness (Article 26(b)) | |
| Public Interest (Pro Authority) | 1 | Art. 28(9) considers public interest | |
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Art. 18(2) prohibits limiting production, markets |
| Abusive Acts | 1 | Art. 18 prohibits abuse of a dominant position | |
| Price Setting | 1 | Art. 18(1) prohibits price setting | |
| Discriminatory Pricing | 1 | Art. 18(3) prohibits discriminatory pricing | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 1 | Art. 9-11 allow for efficiency defense | |
| Restrictive Trade Practices | Price Fixing | 1 | Art. 7(1) prohibits price fixing |
| Tying | 1 | Art. 7(5), 18(4) prohibit tying | |
| Market Division | 0 | ||
| Output Restraint | 1 | Art. 7(2) prohibits limiting production | |
| Market Sharing | 1 | Art. 7(3) prohibits market sharing | |
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Art. 13-15 allow for efficiency defense |
References
- ↑ Global Competition Forum website, http://www.globalcompetitionforum.org/regions/europe/Serbia/LAW%20ON%20PROTECTION%20OF%20COMPETITION%20Serbia.pdf
- ↑ From Serbia's antimonopoly authority, at http://www.kzk.org.yu/?link=97&lang=1