1. Who is in charge of merger control in Serbia?
The authority in charge of merger control in Serbia is the Commission for Protection of Competition (Komisija za zaštitu konkurencije).
2. What are the merger filing thresholds in Serbia?
A transaction is notifiable in Serbia if either of the following alternative thresholds is met (turnover in the preceding financial year):
- The combined worldwide turnover of the parties exceeds EUR 100 million and at least one party’s turnover in Serbia exceeds EUR 10 million; OR
- The combined turnover in Serbia of at least two parties exceeds EUR 20 million and each of at least two parties has turnover in Serbia exceeding EUR 1 million.
3. Is merger filing in Serbia mandatory?
Yes. Where the thresholds are met, the parties must not implement the transaction until it is cleared (standstill).
4. Can the merger filing threshold be exceeded even if the target has no sales in Serbia?
Yes. In practice, the filing obligation can be triggered by the turnover thresholds even in foreign‑to‑foreign transactions, including where the target has no Serbian turnover.
5. What are the merger notification deadlines in Serbia?
A concentration must be notified within 15 calendar days from the earliest of: (i) signing the transaction document, (ii) publication/closing of a public bid, or (iii) acquisition of control. A filing can also be submitted based on serious intent to conclude the agreement.
6. What is the merger filing fee in Serbia?
For a Phase I clearance, the fee is 0.03% of the parties’ combined annual turnover, capped at EUR 25,000.
For a Phase II clearance, the fee is 0.07% of the parties’ combined annual turnover, capped at EUR 50,000.
7. Is there a short-form merger notification in Serbia?
Yes. A short‑form notification is available for transactions unlikely to raise competition concerns (for example, where there are no meaningful horizontal overlaps or vertical links, or where market shares / concentration indicators fall below specified levels). The authority can still require a full notification where warranted.
8. How long does a Phase I procedure last in Serbia?
Phase I lasts one month from receipt of a complete filing (and the transaction is deemed cleared if the authority does not issue a decision within that period). Actual clearance timelines may vary in practice; for recent experience, please feel free to reach out to Dragan Gajin, Head of Competition at Doklestic Repic & Gajin.
9. How long does a Phase II procedure last in Serbia?
Phase II lasts up to four months from the initiation of Phase II proceedings.
10. What are the sanctions for gun-jumping in Serbia?
Gun‑jumping (breach of standstill) can be fined up to 10% of the infringer’s turnover generated in Serbia.
Need a quick filing check for Serbia?If you would like a quick initial assessment of whether your transaction may trigger a merger notification in Serbia, please contact Dragan Gajin, Head of Competition at Doklestic Repic & Gajin. |