New Law on the Protection of Competition

As of 1 November 2009 a new Law on the Protection of Competition (LPC) regulates the merger control regime in Serbia. The LPC replaces the Competition Protection Law (CPL) of 2005. Although the LPC has introduced some novelties into Serbian law, the general framework for competition protection established under the CPL has been maintained. One of the most significant changes regards the powers of the Commission for the Protection of Competition (Komisija za zaštitu konkurencije) (‘the Commission’). Under the LPC, the Commission has full powers over the merger control regime. This includes the competence to assess a concentration, monitor markets and impose sanctions.

Secondary legislation

Since the implementation of the CPL, two regulations regarding merger control have been adopted by the Serbian Parliament:

• the Regulation on the Form and Manner of Filing a Concentration Approval Request, and

• the Regulation on the Criteria for Determining the Relevant Market.

In order to assist the application of the LPC, the Serbian government is adopting the necessary secondary legislation, including a Regulation on Block Exemptions. The draft Regulation on Block Exemptions is, in general, modelled after Regulation (EC) No 2790/1999 of 22 December 1999 on the application of Article 81(3) of the Treaty to vertical agreements and concerted practices.