During 2018, the Serbian national competition authority (NCA), the Commission for Protection of Competition of the Republic of Serbia, has continued with a high level of enforcement activity. This resulted in a number of new cases and in other interesting developments in Serbian competition law.
The Serbian national competition authority (NCA) – the Commission for Protection of Competition – has launched an investigation against Mastercard. According to a statement published on the NCA’s website, the watchdog is investigating whether Mastercard’s interchange fees applicable in Serbia amount to an illegal restrictive agreement under Serbian competition law.
The Serbian NCA has announced it has started an antitrust investigation against a Polish company Polanik Sp. z o.o. and its Serbian distributor (GR Sport). Polanik is active in the production and wholesale of sports equipment.
Now that it’s behind us, it’s safe to say the previous year was one of the most eventful ones since modern Serbian competition law came to being. This not only due to a fairly active Competition Commission, but also due to other developments, such as those surrounding the drafting of a new Competition Act.
The Serbian Competition Commission seems to want to get as many cases off the table as possible before the year’s end – it just published a decision whereby it established abuse of dominance and fined the infringing undertaking for excessive pricing. In doing so, the Commission expressly relied on EU case-law.
The Serbian Competition Commission doesn’t seem to rest – it has launched another antitrust investigation. This time it is investigating Imlek, the largest Serbian dairy, and Kruna-Komerc, a Serbian dairy products trader. The Commission is alleging that the companies engaged in bid-rigging by coordinating their commercial behavior with respect to a public procurement bid.