12.10.2021.
Who is the merger authority?
The relevant authority for merger control assessment in Serbia is the Commission for Protection of Competition of the Republic of Serbia. The website of the Commission is accessible at www.kzk.org.rs. All merger filing decisions are published on the mentioned website.
What are the merger filing thresholds?
Are “foreign-to-foreign” transactions subject to the merger filing?
Merger control rules apply to foreign-to-foreign mergers in case the above-mentioned filing thresholds are met.
What is the deadline for filing?
The undertakings may notify the merger as soon as they demonstrate serious intent to enter into an agreement. However, undertakings must notify the planned transaction within 15 days of the signing of a relevant transaction agreement.
What is the merger filing fee?
EUR 25,000.
What are the risks of not filing?
The undertakings that do not notify a transaction are subject to fines of up to 10% of the total annual turnover achieved in Serbia, while the Commission may in addition also enact de-concentration measures.
How long do merger proceedings last?
The Commission must clear the transaction, in summary proceedings, within one month of receipt of a complete filing. In case of investigation proceedings, the Commission must complete the investigation of a merger within four months of initiating investigative proceedings.
Can a decision on merger clearance be appealed?
Merger control decisions of the Commission can be appealed before the Administrative Court. The time limit for appeal is 30 days from the date of receipt of a decision.
At the beginning of November 2022, the Serbian Competition Authority initiated several ex officio investigations against different market participants.
The Commission for the Protection of Competition initiated proceedings for investigating a violation of competition ex officio against companies Apcom CE Kereskedelmi Korlátolt Felelősségű Társaság from Hungary and APCOM DISTRIBUTION PREDUZEĆA ZA TRGOVINU I USLUGE D.O.O., BEOGRAD in order to determine existence of violation of competition from Article 10 of the Law on Protection of Competition.
The Commission for Protection of Competition (the Commission) has conducted an unannounced investigation and initiated an ex officio investigation into the violation of competition against the company Polet-keramika Novi Bečej, in order to determine the existence of a restrictive agreement under the Article 10 of the Law on Protection of Competition in the wholesale market […]