The government has adopted four implementing regulations in accordance with Article 11(1) of the Protection of Competition Act (Official Gazette of Montenegro 44/2012), which entered into force on March 22 2014. The regulations were adopted for the purpose of harmonising national legislation with the applicable EU regulatory framework.

The regulations will allow economic operators doing business in Montenegro to assess independently the fulfilment of the requirements for group exemption of specific horizontal and vertical agreements. Simultaneously, in case of any doubt as to the fulfilment of the requirements for exemption, the parties to an agreement can apply for an individual exemption.

The adopted regulations are as follows:

  • the Regulation on the Block Exemption for Horizontal Research and Development Agreements;
  • the Regulation on the Block Exemption for Horizontal Specialisation Agreements;
  • the Regulation on the Block Exemption on Spare Parts Distribution and Motor Vehicles Servicing Agreements; and
  • the Regulation on the Block Exemption for Vertical Agreements.

The Agency for the Protection of Competition invited all economic operators doing business in Montenegro or whose products are placed on the Montenegrin market to regulate their contractual relationships in accordance with their obligations under the Competition Act and the implementing regulations which have entered into force. In the course of the procedure of regular supervision and analysis of operation of business entities, the agency will also oversee compliance of commercial agreements and individual provisions of commercial agreements with the applicable provisions of the act and the implementing regulations, and will take action in accordance with the act.

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). The Moravcevic Vojnovic i Partneri website can be accessed at www.schoenherr.rs.