The Competition Authority recently adopted the Fine Leniency Programme, which elaborates on the leniency rules set out in the Competition Law (Article 77, Law 9121 on Competition Protection, July 28 2003).

The programme document details the rules and procedure for applying for and granting leniency for the full or partial reduction of fines.(1)

The programme is modeled on EU rules. Through the programme, the authority encourages undertakings to report on each case of severe competition law infringement. The programme's main goal is to combat cartels, based on the fact that a typical cartel outcome sees consumers pay 10% to 20% higher prices.

The programme explains that any undertaking which initiates a cartel cannot benefit from the leniency proceedings. However, according to the authority, there is one exception: if two parties have entered into a restrictive agreement in which both parties play an equal role, both parties may apply for leniency.

It remains to be seen whether the programme will encourage market participants to report on each other.

For further information on this topic please contact Srdjana Petronijević at Moravčević Vojnović i Partneri in cooperation with Schoenherr by telephone (+381 11 320 26 00) or email (s.petronijevic@schoenherr.rs). The Moravčević Vojnović i Partneri website can be accessed at www.schoenherr.rs.

Endnotes

(1) See www.caa.gov.al/uploads/laws/Fine_Leniency_Programme.pdf.

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