Apart from whether to retain the current notification system of individual exemption or switch to self-assessment, another possible dilemma of the drafters of the new Serbian Competition Act is who should have standing to challenge an individual exemption decision of the Competition Commission. Currently, in practice the standing belongs only to the parties which requested the exemption. But isn’t this unfair?
In the process of the drafting of the new Serbian Competition Act, apart from the merger filing thresholds, an issue drawing particular attention is how the individual exemption of restrictive agreements should be set up: whether the system of prior notification should be retained or whether self-assessment should be introduced. Actually, perhaps the best solution would be to have both – and (earlier) EU law offers a basis for that.
Dr. Dragan Gajin is a competition law expert and an attorney registered in Serbia and New York. He is Partner and head of the competition practice at Doklestic & Partners, a full-service law firm based in Belgrade.