SOME CRITICAL REMARKS CONCERNING THE ACT ON THE PROTECTION OF COMPETITION OF THE REPUBLIC OF SERBIA

Abstract

The purpose of this paper is to present the Act on the Protection of Competition of the Republic of Serbia by analyzing its provisions, and to partially compare these provisions with regulations in the region and with EC competition law. The Act on the Protection of Competition (hereinafter: ACP)1 was adopted on September 16, 2005, by the Serbian National Assembly and entered in force on April 12, 2006, after the Commission for the Protection of Competition had been established. The Act is composed of 78 articles and divided in five chapters: general provisions, violation of competition, the Commission for the Protection of Competition, sanctions and transitional and final provisions. The Act regulates three common and well-known forms of restraints of competition: restrictive agreements, abuse of dominant position and concentrations. Based on theoretical analyses and enforcement experience with the new Act so far, in the final chapter of this article will identify some deficiencies and suggest appropriate amendments.