Yugoslavia/Serbia (1996)
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Score = 11
Governed by: The Antimonopoly Law, \"Official Gazette of the FRY\", No. 29/96[1] (hereinafter referred to as “Competition Act”). [2]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Article 13 provides guidelines for fining. |
| Prison Sentences | 1 | Article 12 says that the person responsible for the undertaking charged with a violation can be imprisoned for up to 5 years. | |
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Article 8 says that any interested person may report to the competent federal authority any violation of the Act. |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Article 3(2) lists stopping or limiting production or sales or development as an abusive act. |
| Abusive Acts | 1 | Article 3(1) prohibits abuses of a dominant position. | |
| Price Setting | 1 | Article 3(2) lists price setting as an example of an abusive act. | |
| Discriminatory Pricing | 1 | Article 3(2) lists applying unequal terms in conducting business as an abusive act. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 4(2)(2) prohibits direct or indirect price setting. |
| Tying | 0 | ||
| Market Division | 1 | Article 4(2)(1) prohibits partitioning markets. | |
| Output Restraint | 1 | Article 4(2)(3) prohibits the discontinuation or limitation of output. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 1 | Article 4(2)(1) prohibits closing markets concerning the sale or purchase of goods. | |
| Efficiency Defense | 1 | Article 4(4) allows an exemption for agreements that improve production or sale of goods or encourages economic or technical development. |
References
- ↑ The Global Competition Forum website, http://www.globalcompetitionforum.org/regions/europe/Yugoslavia/ANTIMONOPOLY%20ACT.pdf.
- ↑ This law was originally adopted in Yugoslavia and after the dissolving of that country Serbia took over the legislation without substantial changes (until a new Act was adopted in 2005).