Serbia-Montenegro (September 16, 2005)

Score = 18

Governed by: Law on Protection of Competition, adopted September 16, 2005.

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	0
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
	Public Interest (Pro Authority)	1	Art. 28(9) considers public interest
	Other	1	Art. 28(6) considers level of international competition
	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