In this summer edition of the newsletter, we focus on State aid, with texts on how the UK can learn from Serbia's experience in the field of State aid control and a recent decision of the Serbian State aid authority finding that the conversion of land use rights to ownership did not amount to State aid. In the area of antitrust, the highlight is another hint that Serbia is about to switch to self-assessment of restrictive agreements.
We also turn again to some of the most interesting articles about Bosnian competition law, such as about Bosnia's system of quasi-private antitrust enforcement and an ethnic veto in the country's competition system.
Serbia
Antitrust
NCA hints at introduction of self-assessment of restrictive agreements
Unlike the EU mechanism, Serbia’s system of individual exemption of restrictive agreements is still based on prior notification to the country's competition authority. However, the Serbian NCA has given its strongest hint yet that this is about to change.
Merger control
Thirteen new merger decisions
The previous month was a busy one for the Serbian NCA in the area of merger control, as it issued 13 new merger decisions. All were unconditional Phase I clearances.
State aid
State aid post-Brexit: what can UK learn from Serbia’s experience?
Soon, the UK and Serbia will be in a similar position towards the EU: they will both be out of the bloc, but under a strong influence of EU legislation, including in the area of State aid. Despite all the differences between Serbia and the UK one can think of, the Balkan country’s experience may be interesting to consider in light of the design of the UK’s State aid system post-Brexit.
State aid
State conversion of right of use to ownership right without compensation ‘not State aid’
In a recent decision of the Serbian State Aid Commission, the watchdog found that the conversion of the right of use to the right of ownership of land, without compensation, did not amount to State aid. This opens the question: if such conversion does not represent State support, why other companies should pay for it?
Other developments
Serbian Competition Act under another constitutional challenge
The head of the Serbian data protection authority has challenged the constitutionality of the provisions of the Serbian Competition Act regulating the protection of information in proceedings before the competition authority. Specifically, the data protection agency is not happy with the provisions of the Competition Act which give the power to the NCA to afford protected status to documents and information outside the regular procedure governed by freedom of information legislation. This comes after an other constitutional challenge of the Competition Act from last year (click here to read more about that one).
Montenegro
Merger control
Five new merger decisions
During the previous month, the Montenegrin NCA issued five new merger decisions. All were unconditional Phase I clearances.
Bosnia and Herzegovina
Summer reads
Summer reads
It is a quiet summer in Bosnian competition law - and a great chance for a look back at some of the most interesting articles from the previous period
Summer reads
Bosnia: an ethnic veto in competition law enforcement?
A peculiarity of competition law enforcement in Bosnia and Herzegovina is what could be called an ‘ethnic veto’ – there has to be a sort of an ethnic consensus within the Bosnian competition authority in order for any decision to be adopted. And, combined with the rules limiting the maximum duration of proceedings before the Competition Council, this in practice may lead to the blockade in the watchdog’s competition law enforcement.
Summer reads
Bosnia: quasi-private antitrust enforcement?
While in many jurisdictions the issue is how to facilitate private antitrust claims, Bosnia and Herzegovina already has a system which could be qualified as quasi-private antitrust enforcement: antitrust proceedings can in Bosnia be initiated not only ex officio by the competition authority (the Competition Council) but also upon request of an interested party.
Macedonia (FYROM)
Merger control
Six new notified concentrations
During July, the Macedonian NCA published notices of six notified transactions:
- Hisense Group Co., Ltd (PRC) - Gorenje gospodinjski aparati d.d. (Slovenia)
- Aperam S.A. (Luxembourg) - VDM Metals Holding GmbH (Germany)
- Ravago S.A. (Luxembourg) - The Dow Chemical Company (USA)
- Orbico doo (Croatia) - Beauty Line Distribution (Belarus)
- Croatia Osiguranje d.d. (Croatia) - Testing Centar d.o.o. (Bosnia and Herzegovina)
- Croatia Osiguranje d.d. (Croatia) - Central Osiguranje (Bosnia and Herzegovina)
General
Merger control in the Balkans: The basics
Basic information about the merger filing process in Serbia, Montenegro, Bosnia and Herzegovina, and Macedonia (FYROM)
Merger control in the Balkans: The app
An innovative online app for checking the merger filing thresholds in Serbia, Montenegro, Bosnia and Herzegovina, and Macedonia (FYROM)
Originally sent by e-mail. Original issue (mailchi.mp) · gajin.rs