In 2016 the Competition Authority received 33 merger control notifications and issued 28 decisions. Out of the notifications:

  • 23 were approved;
  • one was suspended at the request of the parties to the transaction; and
  • the remaining were transferred to 2017 for assessment and decisions.

Out of the 28 cleared concentrations:

  • one was a joint venture;
  • 27 concerned acquisition of control;
  • seven were implemented in Montenegro;
  • 21 were extraterritorial;
  • 17 were horizontal;
  • two were vertical;
  • nine were conglomerate.

Most of the concentrations were in the telecommunications, media and pharmaceutical sectors.

There was a slight decrease of approximately 6% in the number of merger control notifications submitted in 2016 in comparison to 2015.

Further, the authority issued:

  • 13 opinions on the implementation of competition regulations at the request of the parties;
  • one individual exemption decision exempting a restrictive agreement in the pharmaceutical sector;
  • two decisions relating to the abuse of dominance:
    • one relating to imposing unjustified high prices in the water supply sector; and
    • one involving abuse of dominant position in the port services market; and
  • three decisions concerning restrictive agreements:
    • one in the insurance sector;
    • one in public procurement for x-ray films; and
    • one in shoe production and sale.

The authority conducted the first dawn raid in early 2017.

During 2016, the authority conducted inquiries in the following sectors:

  • water supply;
  • the provision of pilotage services within the Bay of Kotor;
  • energy;
  • pharmaceuticals;
  • construction materials;
  • retail;
  • insurance; and
  • telecommunications.

In 2016 the authority imposed no procedural penalties. After delivering an infringement decision in the case relating to public procurement for x-ray films, the authority referred the case to the court to determine the fine.

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) or email (s.petronijevic@schoenherr.rs). The Moravcevic Vojnovic i Partneri website can be accessed atwww.schoenherr.rs.

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