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?
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.
National Assembly of the Republic of Serbia adopted amendments to the Law on Foreigners and the Law on the Employment of Foreigners, thereby introducing numerous changes. The laws entered into force on August 4, 2023, but their implementation was postponed to February 1, 2024.
From 17 May 2023, submission of application for registration of companies before the Serbian Business Registers’ Agency will be available only in electronic form, via specific user application. Starting from 17 May, electronic application for registration of companies in the SBRA will be mandatory, meaning that paper application will no longer be accepted from this date.
At the beginning of November 2022, the Serbian Competition Authority initiated several ex officio investigations against different market participants.