Ten years after the introduction of state aid control to the Serbian legal system, Serbia has adopted a new Law on State Aid Control. What are the five things to note about the new legislation?
What were the major competition law developments in Macedonia (FYROM) during 2018?
What were the most notable developments during 2018 in the competition law of Bosnia and Herzegovina?
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.
Serbia has had modern competition enforcement for more than a decade, which is sufficient time for an assessment of which parts of the system can be modified for the better. While the list is not exhaustive, here are five things which could make antitrust enforcement in Serbia better:
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.
Private antitrust enforcement in communist Yugoslavia? It existed! And was better regulated than todayPosted on March 13, 2017
Private antitrust enforcement has been in the spotlight in the EU for several years now, with the EU Commission doing its best to facilitate private damages claims. In perspective, the same trend can be expected in Serbia, an aspiring EU member. What many don’t know is that Yugoslavia had legislation enabling such claims as early as 1970s, during a time it was under (Western-looking) communist rule.
Despite more than a decade of modern antitrust enforcement in Serbia, private damages claims haven’t really picked up. This is in part due to deficiencies in the regulatory framework but also due to inactivity of those who suffered antitrust harm. Both can easily change in considerable future.