1. Which authority is in charge of merger control in Serbia?
The authority in charge of merger control in Serbia is the Commission for Protection of Competition of the Republic of Serbia, based in Belgrade.
2. What are the merger filing thresholds in Serbia?
- The combined global turnover of the parties exceeds EUR 100 million and at least one party’s Serbian turnover exceeds EUR 10 million; OR
- The combined Serbian turnover of the parties exceeds EUR 20 million and at least two parties each have a Serbian turnover of more than EUR 1 million.
3. Is the filing in Serbia mandatory?
Yes – whenever the merger filing thresholds are exceeded, the parties must refrain from implementing the transaction until it is cleared by the Serbian competition authority (the standstill obligation).
4. Can the filing threshold be exceeded even if the target did not have any sales in Serbia?
Yes – the acquirer’s turnover is sufficient to trigger the merger filing obligation in Serbia.
5. What are the deadlines for merger notification in Serbia?
The parties must notify the planned transaction within 15 days of the signing of a binding transaction agreement.
6. What is a typical amount of the merger filing fee for a Phase I clearance in Serbia?
7. Is there a short-form merger notification in Serbia?
Yes – it is generally available when there is no significant horizontal overlap or vertical relationship between the parties in Serbia.
8. How long does a Phase I procedure last in Serbia?
The Serbian competition authority must clear the transaction within one month of receipt of a complete filing; in practice, the clearance procedure in straightforward cases usually takes 3-4 weeks.
9. How long does a Phase II procedure last in Serbia?
The Serbian competition authority must complete its Phase II investigation of a merger within four months of opening the Phase II probe.
10. What are the fines for gun jumping in Serbia?
The infringing undertaking can be fined up to 10% of its annual turnover in Serbia during the relevant year.
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