WHAT IS GOAL?: THE NEW ACT FOR PROTECTION OF COMPETITION

Abstract

The text of this article contains general and individual objections to the Law on the Protection of Competition, in effect from November 1, 2009. The authors focused primarily on the omissions made in the formulation of certain legal provisions, essential for legal certainty and adequate enforceability in administrative and judicial proceedings, and which could prove to be inexpedient solutions bearing in mind their ambiguity and vagueness. At the same time, the article is focused on another missed possibility of harmonization with the adopted practice and legal solutions of individual EU member states. The text does not contain direct instructions and/or proposals for the correction of identified deficiencies and does not represent an exhaustive or conclusive list of all observed deficiencies, but it certainly refers to the most important deficiencies, in the author's opinion, which represent both a threat to market participants in the Republic of Serbia and to the Commission for protection of competition in the exercise of entrusted public powers for the execution of the new Law.