In March and April 2013 the Competition Authority published a set of new bylaws, as provided for by the new Competition Act adopted in October 2012.

The most significant change is the tariff which came into force on March 23 2013. Introduction of the Tariff Code will see the authority charge fees for the first time since its establishment (as a directorate) in 2006. The fees are more or less in line with those charged by regional competition authorities. There is no major difference in the fee payable for merger clearances in:

  • phase I - summary proceedings (€15,000); and
  • phase II - plenary proceedings (€20,000).

The following bylaws came into force on April 20 2013:

  • guidelines on the content and manner of submitting individual exemption applications;
  • guidelines on the criteria and method for defining the relevant market;
  • instructions on the content and manner of filing merger notifications; and
  • guidelines on the form and content of official identification for authority officials and special authorisation for file access.

There has been an important change regarding the form and content of merger notifications. There are two types of notification, depending on the market presence or market share of the participants to the concentration. If the participants are active on the Montenegrin market and the concentration will affect the market, the notification calls for much greater detail. Also, additional information must be provided if a concentration is to be carried out by way of a joint venture.

For further information on this topic please contact Srdjana Petronijevic at Moravcevic Vojnovic i Partneri in cooperation with Schoenherr by telephone (+381 11 320 26 00), fax (+381 11 320 26 10) or email (s.petronijevic@schoenherr.rs).