Best Antitrust Lawyers in Belgrade

About Antitrust Law in Belgrade, Serbia

Antitrust laws, known as competition laws in Serbia, regulate the conduct of companies to foster fair competition and protect consumers from monopolistic market practices. These laws are designed to prevent market concentration and foster diversity and options for the consumer. The Commission for Protection of Competition of the Republic of Serbia is the regulatory body that oversees competition issues in the country, inclusive of Belgrade. All these laws and regulations are applicable across Serbia, including Belgrade.

Why You May Need a Lawyer

Engaging in conduct that restricts or distorts competition may result in serious civil or criminal penalties in Serbia. If you are a business owner considering mergers or acquisitions, entering into distribution or franchise agreements, or concerned about unfair competition from suppliers or competitors, you may need a lawyer. Legal professionals can help you understand and comply with complex competition laws, defend you in court if you're accused of antitrust violations, and provide advice on how to maintain a healthy level of competition.

Local Laws Overview

The main legislation covering antitrust issues in Serbia is the Law on Protection of Competition. This law prohibits actions that significantly restrict, distort or prevent competition in the market and abuse of a dominant market position. It also sets out the procedure for merger and acquisition control, and regulates state aid control along with the Law on State Aid Control. Businesses found guilty of infriting competition laws can be fined up to 10% of their total annual income in the year preceding the infringement.

Frequently Asked Questions

How is a dominant market position defined?

A company is considered to hold a dominant position if it has a market share of 40% or more or is not significantly exposed to competition due to the market power it holds.

What are the penalties for violating competition law in Serbia?

Violations of competition law can result in fines of up to 10% of a company’s worldwide turnover.

Are there exemptions to anti-competition practices?

Yes, exemptions can be granted for practices that contribute to improving production or distribution, or promoting technical or economic progress while allowing consumers a fair share of the resulting benefit.

How are mergers and acquisitions regulated in Serbia?

Mergers and acquisitions that exceed certain thresholds must be notified to the Commission for Protection of Competition for approval.

What is the role of the Commission for Protection of Competition?

The Commission for Protection of Competition is responsible for enforcing competition law in Serbia. It investigates potential violations, adjudicates disputes, and approves mergers and acquisitions that exceed specified thresholds.

Do private entities have a right to sue for antitrust violations in Serbia?

Yes, any private entity that has suffered damage as a result of antitrust violation can file a claim for compensation in court.

Is there any leniency programs for antitrust violations?

Yes, leniency programs are available and companies that provide evidence about cartel agreements can receive reductions in fines or even total immunity from fines.

What are the rules for state aid control?

The rules for state aid control are primarily laid down in the Law on State Aid Control. It defines which types of state aid are approved and the procedures for granting and controlling state aid.

Can international companies be subject to Serbian competition law?

Yes, international companies that conduct business in Serbia can be subject to Serbian competition law.

What are the rules for predatory pricing in Serbia?

Predatory pricing is considered an abuse of dominant market position and as such, is prohibited under the Law on Protection of Competition.

Additional Resources

The Commission for Protection of Competition and the Ministry of Economy are the main governmental bodies responsible for enforcing antitrust laws in Serbia. The website of the Commission offers a variety of resources such as guidelines, decisions and public notices. Moreover, organizations like the Belgrade Bar Association and the Serbian Chamber of Commerce can provide support and further information.

Next Steps

If you need legal assistance with antitrust issues, contact a professional lawyer who specializes in competition law in Serbia. Before entering into any business agreement, seek legal advice to understand the implications under the competition law, ensuring that such agreements do not violate local antitrust laws.