We are pleased to announce that Gecić Law’s competition law team has contributed to the prestigious Legal 500 Merger Control Guide for 2024. The renowned annual publication offers comprehensive analyses of merger control regulations and practices in jurisdictions worldwide. This year’s edition, published in collaboration with a contributing editor from Clifford Chance, covers 25 countries. Gecić Law’s experts provided in-depth insights into four crucial regional markets. This includes Serbia, Montenegro, North Macedonia, and Bosnia and Herzegovina. Their input indeed provides detailed overviews of the merger control regimes in each country. The guides also highlight crucial procedural aspects, enforcement trends, and […]
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Gecić Law is proud to announce another significant victory in competition law, in collaboration with Branko Radojčić in North Macedonia. Together, we were successful in obtaining a favorable decision for our client, Telekom Srbija. The Commission for Protection of Competition in North Macedonia (“Commission”) recently delivered a decision, concluding that Telekom Srbija did not abuse a dominant market position. The Commission’s decision confirms that there was no violation of competition laws and that no dominant position was established. This outcome effectively dismisses the allegations of Total TV, a member of United Group, which initiated the case. The legal proceedings spanned […]
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We are happy to announce that Gecić Law contributed to the International Comparative Legal Guide (ICLG) – Competition Litigation 2025. Every year, the renowned London-based Global Legal Group publishes the prestigious guides. This latest edition of the Guide offers an extensive analysis of competition litigation regulation and practices across 18 jurisdictions worldwide. It provides valuable insights into this rapidly evolving field across the globe. The authors of the Serbian chapter are Gecić Law’s Senior Associate Vuk Leković and Associates Vasilije Bošković and Bojan Tutić. Their contribution offers an in-depth examination of the Serbian legal landscape. This also includes essential aspects […]
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In the latest edition of our Who’s Who Legal series, we are proud to honor our senior associate, Vuk Leković. His acknowledgement as a Recognized Lawyer in the highly competitive field of Competition Law is a significant achievement. The recognition cements his reputation in this dynamic area of legal practice. Expertise in Competition Law Vuk’s expertise in various aspects of Competition Law has been crucial in guiding clients through complex challenges. He combines his deep knowledge of this field with a strong focus on EU Law. He has played a vital role in our team, successfully advising and representing significant […]
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In a landmark EU’s General Court’s ruling, Google successfully overturned a 1.5 billion euros fine imposed by the European Commission (EC) in 2019. The fine was tied to allegations that Google abused its dominant position in online advertising through its AdSense platform. The EC claimed that Google restricted third-party websites from displaying ads from competitors, a practice that allegedly stifled competition. The Case The case revolved around Google’s AdSense for Search, where the company had exclusive agreements with websites, preventing them from using rival ads. The EC argued this restricted competition in the online search advertising market. Google, however, maintained […]
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The recent case before the Court of Justice of the European Union (“CJEU”) could shake the world of football governance, urging FIFA to change its regulations. Defining the player-clubs’ relations was never an easy task. However, the football industry is continuously growing. FIFA, the sport’s governing body, implemented multiple rules to regulate the status and transfers of professional football players. However, specific articles of those regulations could contradict the EU principles of Competition Law and Freedom of Movement. Advocate General Maciej Szpunar published his opinion on this case, suggesting that specific articles potentially contradict the EU law. The case revolves […]
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Gecić Law is pleased to announce yet another legal victory, in collaboration with Marić & Co Law Firm, in a critical antitrust case in Bosnia and Herzegovina. The Competition Council of Bosnia and Herzegovina has fully rejected the claim submitted by Telemach BH d.o.o. (“Telemach”) which alleged that Telekomunikacije Republike Srpske a.d. (“Mtel”), BH Telecom a.d. (“BH Telecom”), and Arena Channels Group d.o.o. (“ACG”) had violated competition law in broadcasting of the Bosnian national football league – the Premier League of Bosnia and Herzegovina (“Premier League BiH”). On April 26, 2024, the Competition Council ruled that Mtel, ACG, and BH […]
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We are proud of our Senior Associate Vuk Leković, who indeed had the exceptional honor of joining an impressive list of speakers at the opening day of the tenth annual regional conference “Internet Dialogue 2024“, organized by the Faculty of Law, University of Belgrade, and the “Register of National Internet Domain of Serbia” Foundation (RNIDS), taking place on April 8th and 9th at the premises of the Serbian Chamber of Commerce in Belgrade, under the auspices its Center for Digital Transformation. Artificial Intelligence: Challenges in Business Law The first day of the conference indeed gave special attention to artificial intelligence […]
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Intro In a historic ruling, the General Court (GC) has upended a significant European Commission (Commission) Decision, accusing the BEH Group of leveraging its dominant position in Bulgaria’s gas supply market. This landmark gas market case is unprecedented as it represents a full annulment of Article 102 TFEU decision, underscoring the meticulous scrutiny applied by the GC in its assessment of competition law matters. At the heart of this legal saga is the Bulgarian Energy Holding (BEH), a state-owned entity boasting key subsidiaries like Bulgargaz and Bulgartransgaz, which play pivotal roles in Bulgaria’s energy sector. These two entities were the […]
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On February 8, 2024, the European Commission (“EC”) unveiled an updated Market Definition Notice (“the Notice”). The revision plays a crucial role in the EC’s approach to assessing mergers and antitrust cases by delineating the competitive boundaries and assessing the market power of companies. The Notice extends beyond EU Member States, mandating compliance from Western Balkan countries (“WBs“) aligned with the EU competition law acquis. Namely, all WBs, through the Stabilization and Association Agreements, have committed to enforce the criteria derived from the implementation of competition rules applicable in the EU, in particular from famous Articles 101, 102, 106 and […]
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Gecić Law is pleased to announce yet another win in an antitrust law case in collaboration with Marić & Co Law Firm Ltd. Together, we have obtained a favorable judgment for our esteemed client Arena Channels Group (ACG). In October, we shared news on the case focused on premium football broadcasting within Bosnia and Herzegovina (BiH). The Competition Authority of BiH (CA) initiated an investigation, prompted by Telemach, alleging abuse of market dominance by ACG. After a thorough investigation, the CA dismissed the complaint, concluding ACG’s equitable engagement within the market. The dispute persisted as the initial claimant challenged the CA’s decision. However, the […]
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New rules Fédération internationale de football association (“FIFA”), with its prerogatives in creating the legal framework for the game of football, enacted new changes in their FIFA Football Agent Regulations (“FFAR”). To create a more transparent, efficient, and just system, the new regulations aim to reinforce contractual stability, protect the integrity of the transfer system, and achieve greater financial transparency. However, some of the introduced provisions may potentially violate competition laws, leading to a reluctance among many countries to incorporate the FFAR into their national regulations. With many court proceedings in various national courts from England to Brazil and before […]
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Gecić Law and the University of Belgrade’s Faculty of Law signed a cooperation agreement yesterday, marking an important step in strengthening practical education for law students through collaboration on the first Competition Law Clinic. The agreement creates a meaningful partnership between the academic and professional communities, providing law students practical experience. The Competition Law Clinic, established on December 14, 2023, on the initiative of Prof. Dr. Dušan V. Popović, a full professor of Competition Law, represents an innovative approach to learning. The clinic integrates into the Legal Skills course in the fourth year of undergraduate studies, particularly emphasizing the winter […]
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In a move to learn more about emerging digital markets, the European Commission today launched calls for contributions focused on virtual worlds and generative AI. These initiatives represent a step by the Commission to understand the competitive dynamics in these rapidly evolving sectors. The Commission has reached out to various stakeholders, requesting information to gain a comprehensive view of the current state of competition in these innovative fields. Players from all corners of the industry, including developers, consumers, and academic experts, will indeed share their experiences and insights. Virtual Worlds: A New Competitive Landscape Virtual worlds, characterized by their persistent, […]
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An (Un)expected Oligopoly At the end of October, the Belgian Competition Authority (L’Autorité belge de la Concurrence) (“ABC”) released an opinion on the state of competition in Belgium’s retail banking market (the “Opinion”). The Opinion revealed that the retail banking market in Belgium is an oligopoly. Four banks dominate the market: BNP Paribas Fortis, KBC, Belfius, and ING. As an oligopoly, the retail banking market exhibits specific characteristics. These include similar services on offer and frequent interactions between banks, facilitating coordination among the most prominent market participants and reducing competition. The most obvious example of services with identical commercial terms […]
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What is the Digital Markets Act? The EU Digital Markets Act (DMA) is meant to make digital markets fairer and more competitive. How DMA does this is simple: the European Commission designates the “gatekeepers” (mostly the big tech companies), imposing on them new obligations such as mandatory interoperability of gatekeeper’s services and preventing the gatekeeper from favoring its products and services against similar services or products offered by third parties on the gatekeeper’s platform. A quick repeat of what it takes for a company to be a gatekeeper: strong economic position, significant impact on the internal market, and being active […]
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In recent times, the European football landscape has witnessed a significant transformation. The changes have been catalyzed by an unexpected influence – financial subsidies pouring in from Qatar and the United Arab Emirates (UAE). These subsidies have not only captured the attention of football enthusiasts but have also raised concerns within the European Union (EU) regarding their impact on the continent’s football market. This article will explore these concerns’ intricacies, focusing on how the EU Foreign Subsidies Regulation (FSR) intersects with the football world. The Complaints It all started with the complaints from football national leagues in Europe. One of […]
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Gecić Law is pleased to announce a recent win in antitrust law. The case focused on premium football broadcasting within Bosnia and Herzegovina (BiH). In collaboration with Marić & Co Law Firm Ltd., our team has obtained a favorable judgment for our esteemed client, Arena Channels Group (ACG). This legal journey began in April 2021, when the Competition Authority of BiH (CA) investigated ACG. Another telecommunications company within BiH initiated the proceedings. The firm alleged that ACG was abusing its dominant market position. The purported abuses were inclusive of, but not limited to, creating a competitive disadvantage for the complainant, […]
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August 25, 2023, marks a monumental shift as the Digital Services Act (“DSA“) takes center stage, impacting industry giants like Amazon, Google, Apple, and TikTok. With 19 platforms and search engines, each having a minimum of 45 million users, the DSA takes action to uphold data privacy, combat disinformation, and eliminate online hate speech. This dynamic legislation aims to give users, including minors, enhanced rights and control over their online presence, fostering a high level of privacy and security. What’s the story? Back on April 25, 2023, the first designation decisions were made, designating very large online platforms (“VLOPs“) and […]
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The Competition and Markets Authority (CMA) launched an investigation in September 2021 and has now issued a statement of objections outlining its preliminary findings. This investigation was triggered by admissions from both Leicester City FC and JD Sports, acknowledging their engagement in anti-competitive behavior. Their actions were found to limit competition in the sales of Leicester City-branded clothing, including replica kits, within the UK. The fine is related to the sale of Leicester City football kits and other branded clothing supplied by Leicester City to JD Sports over two and a half football seasons. According to the Competition and Markets […]
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As we previously announced, the Court of Justice of the European Union (“CJEU”) issued a ruling in the CK Telecoms case last week, annulling the CK Telecoms judgment and referring the case back to the General Court (“Court”). This appeal was in response to the Court’s decision on May 28, 2020, invalidating the European Commission’s (“EC“) ban on the acquisition of Telefónica Europe Plc by Hutchison 3G UK Investments Ltd. In this article, we delve deeper into the background of this important case and the reasoning behind the CJEU ruling. The roots of the case trace back to 2016, when […]
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Starting from July 1, 2023, the newly adopted Horizontal Block Exemption Regulations on Research and Development Agreements (“R&D“) and Specialisation agreements (together “HBERs“) shall take effect in the EU. The essence of HBERs, and the accompanying Horizontal Guidelines (“Guidelines“), is to facilitate the self-assessment of the most common types of horizontal cooperation agreements. They are also well-known as a safe harbor to undertakings, for as long as the latter comply with the rules set in the HBERs, leading to block exemption of such agreements from the competition rules. The novelties in said pieces of legislation offer a more flexible approach […]
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With technological advancements changing both how antitrust laws are enforced and how undertakings violate competition laws, the fourth industrial revolution and the rapid growth of AI continue to affect this area of law, as many others. It is impossible to ignore the potential for AI to conquer markets and its ability to spot and fix basic market balance violations. Despite the benefits of technology for customers, it also threatens their interests by distorting market dynamics and impacting competition. Threat Using AI presents a potential risk as it allows for price collusion through price monitoring and algorithmic matching software. While […]
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Gecić Law adds another successful year to its story of excellence after achieving impressive rankings in the 2023 edition of the prestigious Legal 500 EMEA Guide, reflecting the firm’s world-class service and the expertise of its teams and individuals. For an impressive seventh year in a row, Gecić Law’s market-leading Competition practice has earned a Tier 1 status, with significant achievements in matters with far-reaching implications not only on the clients’ businesses but on the economies of the entire region, incorporating diverse aspects, including EU law, state aid and international trade. For a second year, the firm’s Founder and Managing […]
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In December, the European Commission (“Commission”) issued a Statement of Objections (“SO”) to Facebook’s parent company Meta Platforms Inc. The Commission said that based on its preliminary view, Facebook had violated EU antitrust rules by distorting competition for online display advertising on social media linked to Facebook Marketplace. Marketplace, which Meta launched back in 2016, is a virtual place for Facebook users to discover, buy and sell just about anything, from vehicles, clothes, books, smartphones, and even property, within their local social community. The Commission’s preliminary theory of harm presented in the SO concludes that Meta abused its dominating positions […]
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Our Founding Partner Bogdan Gecić shared his significant knowledge and experience with law students at the esteemed University of Florence (ita. Università Degli Studi di Firenze) as a guest lecturer to a class led by Prof. Ettore M. Lombardi. Students had the opportunity to participate actively in an online two-part mini-course titled “Elements of Competition Law: An International Perspective.” Bogdan provided practical insights into the most exciting aspects of competition law in the context of EU law and how they relate to international trade. Bogdan commented: ”I always enjoy speaking to students, and it was a great pleasure to hold […]
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We were recently entered the finals in four categories for The Lawyer European Awards 2022 and became one of the most nominated law firms in the whole of Europe! As last year’s winner, Gecić Law was nominated for Law firm of the Year: South East Europe, a 150 million strong market, and entered the finals with three of its practice area teams for impressive achievements in competition, corporate and litigation, standing shoulder to shoulder with the crème de la crème of the entire continent. Gecić Law received the most nominations among this year’s contenders across all of Europe – an […]
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Serbia’s competition authority has opened an investigation into Glovo, alleging the food delivery application abused its dominance by imposing exclusivity clauses on its restaurant partners. The agency raided the offices of Glovo on 2 November although the authority’s market study into online food delivery platforms is still ongoing. This and other recent raids have caused controversy over the practice and attracted the interest of Global Competition Review, a reputable global publication specialized in matters of competition law. The raids come as Serbia’s competition rules are being challenged before the courts in competition-based proceedings and also before the Constitutional Court per […]
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The European Commission’s (Commission) antitrust enforcers are investigating Google Play Store. The antitrust enforcers are now looking into the restrictions Google has placed on the Play Store app market. According to the sources, the Commission has sent a confidential questionnaire to several companies that use the Play Store. Most of the questions are about the billing terms and fees they must pay to this tech giant to be listed in its application catalog. Any purchase made inside an application (in-app) that has been downloaded from the Play Store is subject to a 15% to 30% fee that Google charges. Publishers […]
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We recently wrote about bid rigging and the new guidelines issued by the Serbian NCA on detecting this illegal activity in public procurement procedures. Here we look into an interesting case that illustrates how bid rigging occurs and is dealt with in the United Kingdom. After it had initiated an antitrust probe in 2019, The UK’s Competition and Markets Authority (“CMA”) came across a cartel activity of 10 demolition companies that plotted to rig bids for demolition and asbestos-removal contracts worth more than £150 million. The contracts in question were the result of tenders organized by the MET Police Training […]
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Last year, the top 12 European football clubs formally agreed to organize a separate competition. Gecić Law has already given legal insights on establishing the European Super League (“ESL”) – the football league that may never start. The ESL aims to compete with – if not completely replace – the current UEFA Champions League, the elite European football championship organized by the UEFA. The ESL has experienced tremendous pressure from the fans, officials, coaches, players, other stakeholders and especially UEFA, which resulted in (temporary) stopping the initiative. Much of the opposition to the ESL stemmed from fears of elitism and […]
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On June 17, 2022, the Council of the Serbian Competition Authority (“Council“) adopted the proposal of the Model Program for Business Compliance with the Competition Rules (“Model Program”), in order to help the undertakings in developing their own compliance programs. In that sense, the Council points out that the Model Program represents only an example and a proposal to the undertakings, and that each compliance program should be made in accordance with the specific needs of a certain undertaking, as well as adjusted with the markets on which a particular company operates. The aim of the Model Program is to assist undertakings […]
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In this edition of our series dedicated to our esteemed colleagues who were recognized in this year’s The Legal 500 EMEA rankings, we bring you our founder and managing partner Bogdan Gecić. After being recognized by The Legal 500 as a Leading Individual in Competition for seven consecutive years, in this year’s rankings, Bogdan was especially honored by being amongst the distinguished few to be inducted into the elite global directory’s newly established EMEA Hall of Fame category, which highlights the law firm partners who are at the pinnacle of the profession having received constant praise by their clients for continued […]
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Collusive tendering or bid rigging is an illegal activity by which bidders create the illusion of competition while secretly agreeing among themselves which of them will win the tender. By choosing the best price, the purchasers, who are frequently national and local governments, are forced to pay more than they would otherwise pay in conditions of fair competition. Bid rigging is one of the most severe competition law infringements which causes damage to taxpayers given that public procurement participates to a substantial extent in the economy of each country. It typically accounts for 12% of the gross domestic product, which […]
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The Serbian Competition Authority (‘’SCA’’) revealed yesterday the long-awaited new Guidelines on bid-rigging (‘’Guidelines’’). The Guidelines provide essential instructions on how to detect rigged bids in public procurement procedures. They come 11 years after they were last updated, reflecting the latest amendments to the Public Procurement Act and the Criminal Code. This news is crucial as the new Guidelines aim to prevent and hinder bid-rigging, an illegal practice where bidders collude to decide the winner, resulting in a higher price than may have been achieved in a truly competitive bidding process. As prices are driven up in public procurement processes, […]
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On May 10, 2022, the European Commission adopted a new Vertical Block Exemption Regulation (“VBER“) and related guidelines (“Vertical Guidelines“), following a detailed review of the previous Vertical Block Exemption Regulation dating to 2010 (“old VBER“). The objective of the VBER is to exempt agreements between undertakings operating at different levels of the supply chain (“vertical agreements”): if certain market share thresholds are met, and provided the agreement does not contain certain prohibited restrictions (“hardcore restrictions”). In other words, the VBER aims to recognize which types of vertical agreements are generally efficiency-enhancing and provide benefits to consumers. One of the […]
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The Court of Justice of the European Union (“CJEU“) delivered two judgments on 22 March 2022. By those judgments, the CJEU ruled on the scope of the protection afforded by the prohibition of ne bis in idem principle in competition law. The CJEU recalled in both cases that the application of the ne bis in idem principle is subject to a twofold condition. First, there must be a prior final decision and secondly, the prior decision and the subsequent proceedings must concern the same facts. The CJEU clarified that the limitations may be imposed on the exercise of a fundamental right, such as the prohibition against double […]
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Bogdan Gecić, the founding partner at Gecić Law, spoke today at the winter edition of the prestigious Vivaldi Forum which traditionally takes place in Drvengrad, on the picturesque Mokra Gora mountain. His thought-provoking presentation titled “Sufficient Light: The Market and Competition”, delivered as part of the “Vivaldi Talks: Fertile Grounds for Growth” segment of the conference showed a fresh and unconventional perspective on the importance of fair competition for growth and development on the market, capturing the interest and sparking discussion among the delegates attending the event and numerous other participants who followed the session online. “Competition is a natural […]
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Our own Ivana Stojanović Raišić, Counsel, shared her tremendous knowledge and experience with the students of the esteemed University of Florence (ita. Università degli Studi di Firenze) in a unique experience, as a guest lecturer in the International Business Law Course, led by Prof. Ettore M. Lombardi. Students had the opportunity to listen in and take an active part in an online two-part mini-course titled Elements of Competition Law: An International Perspective, where Ivana provided practical insights into the most interesting aspects of competition law and how they relate to business activity. Students engaged in a number of hands-on exercises […]
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The European Commission has proposed the prolongation of the State aid Temporary Framework until 30 June 2022, in order to expedite the ongoing Covid-19 economic recovery in Europe. The Temporary Framework was initially adopted on 19 March 2020 and to this date, it was amended and prolonged five times (more information available here and here). Margaret Vestager, the Executive Vice-President, who is in charge of the competition policy said that we are finally seeing improvements in the EU economy after the big crisis that hit the EU due to Covid-19. She also added: ’’[W]e need to be aware of disparities […]
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A phenomenon known as the Internet of Things (“IoT”), which has been at the forefront of the global tech changes, recently caught the European Commission’s (“Commission”) attention. The Commission’s Preliminary Report and Q&A on this tech & business sector is a big step towards acknowledging IoT as a market of the future, while simultaneously pointing out some potential dangers of this groundbreaking technology. Internet of Things – a Brief Explanation Let’s imagine this situation: you are not only an ardent coffee drinker but also a sleepyhead. Your alarm wakes you up at 7.00 am. You have little precious time to […]
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In the process of gradually aligning its legislation with the EU acquis the Government of the Republic of Serbia adopted two bylaws on 11 March 2021 in the field of state aid, complementary to the recently adopted new State Aid Control Act. All this adds value to the start of talks on the Chapter 8 – Competition Policy of Serbia’s negotiation process and may speed up Serbia’s EU accession. Regional Aid Regulation This regulation is designed to promote economic development of the least developed regions or the development of regions with a high level of unemployment. It also allows state […]
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Some reports say that it would be impossible to live in the digital world outside of the ecosystem created by Big Tech giants. The concentration of power in a small number of platforms has allowed some tech companies, popularly known as the Four Horsemen” to exercise unparalleled economic power and social impact almost without any oversight by regulators. These companies have complete market dominance, each in their respective field of expertise: Apple in consumer electronics and mobile operating systems; Facebook in the social media, Google in online searches, video-sharing and mapping-based navigation; and, finally, Amazon in the e-commerce market. Hence, […]
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The EU’s second-highest court sided with Amazon.com (“Amazon”) recently, saying it did not owe millions to Luxembourg in unpaid taxes. On May 12, 2021, the General Court (“Court”) overturned the European Commission’s (“Commission”) order to Amazon to pay EUR 250 million to Luxembourg, as reimbursement of illegal State aid. The Court held that the European Commission’s primary finding of an alleged advantage was based on an incorrect analysis. Precisely, the Court argued that none of the findings set out by the Commission in the contested decision were sufficient to demonstrate the existence of an advantage for the purposes of Article […]
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Business cartels between competing market participants are designed to limit or eliminate competition between them, with the objective of increasing prices and profit of the cartel members. In practice, this is generally achieved by fixing prices, market sharing, limiting output, allocating customers or territories, bid-rigging, or a combination of the above. Cartels are harmful to consumers and society as a whole since the participating businesses charge higher prices (and earn higher profits) than would be the case in a competitive market. Because of their negative impact on the market, competition legislation fights against cartels, imposing substantial fines on participants, which […]
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The Serbian Competition Authority (“SCA”) recently focused on unapproved mergers i.e. gun-jumping. The most recent “victim” of the SCA’s investigations into gun-jumping was Fortenova Grupa d.d. (“Fortenova”), with the only previous undertaking fined for gun-jumping being Prointer IT Solutions. Meanwhile, Ernst & Young are also being investigated under the same allegations. Is this simply a witch hunt or is there something going on here? Gun-jumping (not only during the Olympics) Before we get into the heart of the matter let`s define what gun-jumping is. In competition law, gun-jumping is a concept pertaining to an unlawful pre-merger and pre-clearance coordination of […]
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“Three Strikes, You’re Out!”, or, as in the practice of the UK’s watchdog, “third time is a charm”, but the fourth is not. Let us check out the rules of fair play when it comes to protecting competition in the UK market. In the early 2020 Associated Lead Mills Ltd (ALM) and H.J. Enthoven Ltd (trading as BLM British Lead), two of the UK’s largest suppliers of rolled lead, admitted to forming a cartel and thus breaking the law four times by colluding on prices, sharing the rolled lead market by arranging not to target certain customers, and purposely not […]
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Introductory remarks There are many reasons why football is one of the world’s most successful and popular sports, and that Europe is its home. As Rohan Roy said in his poem, football is “the most beautiful game”. Although football has changed over the years, which was inevitable, it kept receiving support from its fans. Historically, adjustments to “the most important of the least important things” have been announced and introduced gradually, so that the core principles of football would survive. It is obvious that the fans and supporters were and always will be the reason for football’s worldwide success. This […]
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In these times of rapidly changing markets, the UK’s competition law determined the need for more clarity in existing rules, as well as an appetite to revise the ones which proved to be obsolete. This resulted in updated guidelines on merger assessment, following a comprehensive public debate. So, let’s check out the latest news from UK’s competition watchdog! The Competition and Markets Authority of the UK (“CMA”) highlighted its mandate to promote competition across the UK and beyond. The CMA’s goal is to protect consumers through its merger work and help companies and their advisers assess whether competition concerns might be […]
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In the last few months, the Serbian National Competition Authority (“NCA”) has turned its attention to sanctioning agreements between undertakings where resale prices are maintained. After taking cases against consumer electronics undertakings, the NCA recently opened an investigation against a general importer and its three car dealers of “Audi” vehicles, in the course of its sectoral analysis of the markets of sales and after-sales services of motor vehicles. Resale Price Maintenance – What is the Problem? Resale price maintenance (“RPM”) is a contractual provision where the supplier (usually the manufacturer or general importer) binds the buyer (usually the distributor or […]
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At Gecić Law, we proudly look back at 2020 and remember it as a year of significant achievement. Some of our accomplishments singled out in this review testify not only to the ability of our team to quickly adapt to radically different circumstances, but to see them as an opportunity to affirm our core values, to build on them and to grow. We rose to the challenge, learned and developed, and in the process, we helped our employees, clients, and business partners gain the strength to overcome the uncertainty and grow together with us. These are the highlights of our […]
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Our Energy practice team has repeatedly demonstrated its credibility by devising unique opportunities for greenfield and brownfield investments for our clients. We provide comprehensive solutions related to privatization, regulatory compliance and due diligence in cooperation with eminent regulatory, corporate and financial experts. Counsel to Norwegian NBT AS on Wind Farms Project in Serbia Our latest accomplishment in the energy sector is providing counsel to NBT AS, Norway, a utility-scale wind power developer (exceeding 100 KW of power), in partnering with WV International (formerly Windvision). WV International has been developing wind farm projects in Serbia since 2010 and has been active […]
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As you already know, we make it our business to bring you news of cases that are out of the ordinary and interesting in so many ways. But this one is a first. It is not new as in recent, because it all began 10 years ago, but new in the context of originality. What you are about to read is the story of probably the most flagrant “abuse of dominant position” ever. Factual originality Providing the backdrop to this story is a business relationship in the Baltics between Lithuanian Railways (“LR”), the state-owned rail company in Lithuania, with responsibility […]
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Unbelievable numbers: 840,000 employees, USD 280 billion in revenue for 2019, USD 11.5 billion profit (for the same year) and first centi-billionaire owner ever. Today, one of the biggest undertakings in global trade. But, on the other side, one of “The Biggest Deals” for the EU, ever. We bring you a story of to-ings and fro-ings between Amazon and the EU Commission. Short Recap Rewind to July 17, 2019. On that day, the Commission opened an investigation into possible anti-competitive conduct by Amazon. More precisely, an investigation was opened to assess whether Amazon’s use of sensitive data from independent retailers […]
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The New Public Procurement Act (“new Act”) was adopted in December 2019 and came into force on January 1, 2020. The key objectives of the new act are increased transparency within the public procurement procedure, elimination of the administrative burden and increased competition between the participants in the procedure. If conducted legally, the public procurement process should result in the acquisition of the highest possible quality of goods or services for the lowest possible price. However, collusion between bidders, i.e. “bid-rigging”, eliminates genuine competition and hinders the interests of both purchasers and taxpayers. Bids can be rigged through secret coordination […]
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For some reason May is THE month for competition. Mays of yesteryear have witnessed many intriguing courtroom battles: May 2016, May 2019 and finally in May 2020. True to form, merger control is making the headlines again. The General Court (GC) annulled the European Commission’s (Commission) decision in Hutchison 3G UK (Hutchison) and Telefónica UK (Telefónica) merger on May 28, 2020. If you have not seen it yet, the underlying reason behind the annulment is quite thought-provoking: in a nutshell, the GC held that the Commission made errors in law and manifested errors of assessment, and to boot, infringed essential […]
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General Court brings the curtain down on epic court battle between Apple Ireland and the EU/European Commission in a state aid case labelled the ‘Apple Tax case’. On July 15, 2020, the EU’s General Court overturned the Commission’s decision because the Commission failed to prove Apple had broken competition rules. Following an in-depth state aid investigation launched in June 2014, the Commission requested information on any rulings granted by Ireland in favour of the Apple Group companies: Apple Operations International (AOI), Apple Sales International (ASI) and Apple Operations Europe (AOE). The Commission concluded that two tax rulings issued by Ireland to […]
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We all love to see the famous musketeer whoop, as a true stalwart of modern society. Notwithstanding a reality check which may be otherwise, it does not necessarily mean that society is not continually aiming to reverse such “otherwise” state of affairs. Is it really: every man for himself and the Devil take the hindmost? … even before the eerie courts? Well, fortunately not always. Casting an eye over justice systems around the world, one bumps into something called class action, or collective redress. In common law systems, with the United States as their standard-bearer, class action is currently in […]
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Gecić Law is delighted to announce yet another commendation by The Legal 500 EMEA, one of the most eminent and prestigious directories of the legal world. Our Banking & Finance practice continues its bullish run to the national top. Its head Nikola Aksić was named to the guide’s “Leading Individuals” elite list of outstanding lawyers in the country, only one year after being recommended by the guide. The practice also went up in the overall rankings, securing a Tier 2 recognition. And we haven’t stopped there. Our Corporate/M&A practice is not lagging behind. The practice head Ognjen Colić […]
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If you open the eighth edition of the Oxford Dictionary of Law and turn to page 461, poaching is defined as “taking game without permission from private land or from land on which the killing of game is restricted. Wild animals cannot usually be stolen […]”. Although the current degree of development of human rights and basic human decency forbid referring to employees as “wild animals” (at least publicly), and killing is certainly considered a criminal offence, in the corporate world of today to poach someone means to hire an employee from another, often competing, undertaking. Agreements among companies not […]
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Gecić Law has successfully advised the Republic of Serbia and EPS, one of the largest energy companies in the region, in a probe led by Energy Community Secretariat regarding alleged State support for the multi-million-euro Kolubara B project. On Monday, June 25, 2018, the Energy Community Secretariat announced the parties reached an amicable solution bringing the two-year long case to an end. The Kolubara B power plant project will enable EPS to add 700 MW of electricity annually, constituting the most important investment in the Serbian energy infrastructure in the last four decades. The ruling not only confirmed our team’s […]
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On May 23, 2018, the Bar Association of Vojvodina (“AKV”) held a panel in Novi Sad on the topic “Overview of Proceedings before the Serbian National Competition Authority in Light of the Existing Practice and Implications of the New Administrative Procedure Act”. The speakers on this ever-evolving, complex yet news-worthy topic were Milica Subotić, attorney specializing in competition law matters, Isidora Nikolić Savin, attorney and specialist for civil and EU business law, and Bogdan Gecić, partner at Gecić Law, specialized in competition/State aid and European law. Moderated by Isidora Nikolić Savin, the panel elaborated on variety of topics such as: overview of proceedings before the […]
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A testament to human rights safeguards or show of a deeply flawed system? Summary Gecić Law successfully assisted EPS Distribution, the leading regional distribution operator, in obtaining a landmark judgement from the Administrative Court that annulled the RSD 330 million fine (cca. EUR 3 million) previously levied against this company by the Serbian watchdog. The court confirmed that the record fine was imposed in violation of the basic principles of national and EU competition law, as well as ECHR guaranteed human rights. After a long and tumultuous battle, which took years and a total of three judgements, EPS Distribution finally […]
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Another year, another Chillin’Competition Conference Imagine for a second a conference where a bunch of “suits”, seasoned scholars and world-recognized experts & regulators spend an entire day laughing, exchanging quips & smug comments and trading Ryan Gosling and SpongeBob SquarePants inspired meme mugs. Well that’s exactly what happened when over 350 scholars and practitioners of law & economics came together on October 25, 2017 at the Area 42, the “MOST WOW!” venue in Brussels. Alfonso Lamadrid de Pablo and Pablo Ibañez Colomo, the driving force behind Chillin’Competition blog, world’s favorite source for the latest and greatest in competition law, have once again […]
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The European Commission has recently concluded that Luxembourg has been granting an undue tax benefit to Amazon in the total amount of EUR250 million. Since Serbian tax authorities have the power to issue binding advance tax opinions—and given that multinationals commonly exploit this option without any consideration of state aid rules—the Commission’s Decision in the Amazon case should raise some eyebrows. The European Commission (Commission) continues its battle against alleged tax avoidance and has recently concluded that Luxembourg has been granting an undue tax benefit to Amazon in the total amount of EUR 250 million. This tax benefit was awarded […]
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The Energy Community, the quintessential energy organization aiming to extend EU’s internal energy market and EU acquis to southeastern Europe and the Black Sea region, and create an integrated & sustainable pan-European energy market, recently published its 2016/2017 Annual Implementation Report (Report) (available for download), where it officially acknowledged our ongoing constitutional challenge against the Serbian Competition Act, secondary legislation and general regulations. The report does a noteworthy job in properly identifying some of the key arguments set out in the constitutional challenge, particularly the criminal nature of competition proceedings, lack of procedural safeguards required by the ECHR, and that the […]
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A series of interesting developments, unorthodox actions and landmark decisions surrounding the Serbian Protection of Competition Act that took place in recent months seem to be approaching its final resolution in the form of a brand new competition act that will enhance market competition and at the same time protect companies’ human rights. As this peculiar story approaches its final chapter, we analyse the chronological developments and measure expectations on a potentially milestone development for both Serbia, the region and the European antitrust discourse as a whole. The Uprising The first signs of what was to come happened in late […]
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Photo courtesy of Aleksandar Milutinović, photographer On October 4, 2017, the Bar Association of Vojvodina (BAV) held a panel in Novi Sad (city known as Serbian Athens) on the topic, “The proceedings of the Commission for Protection of Competition (Commission) against the Bar Association of Serbia (BAS), possible implications for the BAV and constitutional challenges against the Protection of Competition Act”. The speakers on this complex and news-worthy topic were Isidora Nikolić Savin, attorney and specialist for civil and EU business law, and Bogdan Gecić, partner at Gecić Law. Great attendance and interest by attorneys and associates specialized in various fields […]
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The trust buster himself, President Theodore Roosevelt, looks on as a trust is squeezed by Treasury Secretary George B. Cortelyou Illustration by Udo J. Keppler, courtesy of Library of Congress In 2015, Professor Dijana Marković Bajalović, one of the founders and renowned presidents of the National Competition Authority (NCA), and the country’s most respected trust-buster – during her tenure at the NCA, Professor Bajalović took on Delta, for the illegal takeover of C Market, and other major incumbents, a feat unheard off at the time (and was eventually removed from office in 2010) – along with others, filed a constitutional challenge […]
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For the first time since Agrokor—one of the leading regional companies with almost 60,000 employees, became the biggest national news in the Balkans for facing liquidity issues—former Agrokor owner, Ivica Todoric, broke his silence, claiming he gave up control “under duress” and that “this is not Parmalat” indicating a potential and broader legal battle against the Croatian state on multiple fronts? Possible ramifications may include EU law, state aid & competition issues, constitutional claims, ECHR and even more. The extensive public announcement issued today and signed by Mr. Todoric points to “an unconstitutional and illegal nationalization” and states he “will […]
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Both Serbia and Montenegro have come under pressure from the European Commission to amend their respective Corporate Profit Tax Acts to bring tax incentives in line with EU law. This update provides a closer look and analysis, which suggests that amendments are an option worth considering for both Serbia and Montenegro. However, any such legislative change would need to be implemented in a manner that takes into account the interests of all stakeholders, including the interests of investors benefiting from the existing incentive schemes. The European Commission in Chapter 8 of its Screening Report for Serbia, emphasized that specific aid […]
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This update considers how exchange of information, as an essential part of any M&A transaction (from pre-acquisition discussions, through the due diligence procedure, and up to the closing of the transaction), may cause significant competition concerns under the Serbian Competition Act in terms of potential collusion between competitors. The prohibition on entering into restrictive agreements under the current Serbian Competition Act (CA) applies, as a general rule, to sharing of commercially sensitive information between undertakings. Relevant provisions of the CA prohibit contracts, certain contract provisions, express or tacit agreements, concerted practices, as well as decisions of undertakings associations which have […]
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Recent developments in Serbia, in particular an unprecedented number of hastily opened investigations and Competition Commission’s push for a complete revamp of the competition act, discussed in a recent PLC article “The Dawn of Dawn Raids or the Twilight of Due Process in Serbia?”, raised many eyebrows and prompted significant dissent from both public and private stakeholders. The widespread dissent took an interesting twist on August 21, 2017 when the Chamber of Commerce and Industry of Serbia (hereinafter: the Chamber of Commerce) issued an invitation for consultations to the members of its Assembly and Managing Board re the application and […]
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During the last ten days of May 2017, Serbian competition authority has hastily opened an unprecedented number of investigations. Simultaneously, the authority announced a push for a complete revamp of the competition act. Reviewing these developments through the lens of the New Administrative Act, which came into force on 1 June 2017, a strong argument can be made that behind these actions is a desire to circumvent the robust human rights safeguards introduced by the New Administrative Act and guaranteed under the ECHR and the Serbian Constitution. During the last ten days of May, the Commission for Protection of Competition of […]
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On 29 May 2017, the Serbian Competition Commission initiated ex officio proceedings for the alleged abuse of dominance against Frikom, the largest producer of frozen food in Serbia. The day following the initiation of proceedings, a dawn raid at Frikom’s business premises was carried out. Frikom’s abuse of dominance history This is not the first time the Serbian National Competition Authority (NCA) initiated a proceeding against Frikom. In 2012, the NCA found that Frikom abused its dominance in the wholesale market of industrial ice-cream by engaging in vertical price-fixing, imposing exclusivity on retailers (either through explicit exclusivity clauses or through […]
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One of the amendments to the Serbian Criminal Code (the Code) that will take effect on 1 March 2018 is a new criminal offence for restrictive agreements. Antitrust law has been criminalized in Serbia for decades. So what may be the underlying intention behind these new amendments? In one word: Focus. The Code does away with abuse of dominance and targets only restrictive agreements. But it does not stop there. The new provision is not only narrower than its predecessor but also than the general prohibition on restrictive agreements found in the Serbian Act on Protection of Competition (the Competition […]
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The Serbian 2009 Protection of Competition Act (as amended in 2013) (the Act) provides for rather low merger control thresholds, compared both to EU law and countries in the region. Thresholds set this low can (and usually do) result in excessive merger control which eventually brings more harm than good to market competition. In order to put an end to this, a change in decisional practice and/or legislative change in regards to this important aspect of merger control is required. The Act provides for rather low merger control thresholds, compared both to EU law and countries in the region. Namely, […]
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In the last 10 days of May 2017, the Commission for Protection of Competition of the Republic of Serbia (hereinafter: the Commission) has decided to roll up its sleeves and put a number of companies suspected of committing competition violations on its conveyor belt. Unusually high number of unannounced inspections – conducted at the premises of B2M d.o.o., Grafo Trade d.o.o., Trgodunav d.o.o., Master Clean Express d.o.o., AD HI Panonija and Frikom d.o.o. – begs a question, why now? By way of comparison, the Commission has used its powers to carry out dawn raids on business premises only six times […]
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During the first quarter of 2017, the Serbian Commission for Protection of Competition of the Republic of Serbia handed down a number of decisions in different areas of competition protection and recognized the necessity of conducting analyses of vital sectors such as telecoms, oil products and oil-derivatives: Restrictive agreements. The Commission decided to investigate a close collaboration between two large players on the oil products market in Serbia. On March 13, 2017, the Commission fined two direct competitors – Victoriaoil and Vital – for entering into a mutual cooperation agreement under which Vital agreed to outsource production and packaging of […]
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On 11 May 2017, Advocate General of the Court of Justice of the European Union, Mr. Maciej Szpunar, issued a landmark opinion on legal qualification of Uber, the US ride hailing app, claiming that, from the perspective of the EU law, Uber should be characterized and treated as a transport company rather than as a mere information technology provider. The question that was posed to the EU highest court and that, according to Advocate General, needs to be assessed on a rather technical level, deals with Uber’s standing within the EU regulatory framework. Although non-binding, the opinion given by the […]
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On April 27, 2017, Advocate General of the Court of Justice of the European Union (“CJEU”), Ms. Juliane Kokott, issued an opinion stating that not every creation of joint ventures ought to be under control of the European authorities: only formation of those joint ventures which are to be entirely autonomous, full-function entities should be subject to the official scrutiny. As per words of the opinion’s respected author, said issue, although technical in essence, holds a “practical significance” for national and European watchdogs on the one hand, and market undertakings, on the other, given that it tackles the matter of interpretation […]
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On March 29, 2017, the European Commission (“Commission”) officially blocked the third attempt to implement the merger between the London Stock Exchange Group (“LSE”) and Deutsche Börse AG. Said decision created an insurmountable obstacle to further cooperation of the two groups which was aimed at creating a European powerhouse able to compete with strong American and fast-emerging Asian financial markets. The long planned merger was to give rise to the world’s largest exchange by total income, the biggest for equities listings, and to an entity that would control more derivatives trades than any other entity in the world.1 It would […]
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On January 30, 2017, the German competition authority (Ger. Bundeskartellamt) has decided to give final clearance to the implementation of the plan previously announced by two carriers, Lufthansa and airberlin, directed at the wet-lease of 38 aircrafts for the period of six years. Under the current state of affairs, there are no firm grounds for the subject agreement to be prohibited, since, as it was emphasized by Bundeskartellamt, it was not proven that it would in fact result in an actual distortion of competition. In this context, apart from reaffirming the need for a presumption of competition violation to be […]
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Serbian Commission for Protection of Competition (the “Commission“) has fined EPS Distribution, a sole electric power distribution system operator, for the abuse of dominant position in the amount of 330 million RSD (cca EUR 2.7 million). This is the highest antitrust fine imposed by the Serbian regulator. Having established the EPS Distribution indeed held dominant position, the Commission found several abuses of dominant position and in particular: As a result of non-transparent business policy, the company EPS Supply was placed in an advantageous position compared to competitors. Subject behavior was reflected in (i) the fact that unlike other suppliers, only EPS […]
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On November 8 2016, the French Competition Authority (Competition Authority) imposed a fine in the dizzying amount of €80 million on Altice Luxembourg, a telecom-investment company, and its French subsidiary SFR on the basis of their ‘gun-jumping’ activities during the 2014 acquisition of SFR and Virgin Mobile. After an unannounced probe, the regulator decided to institute said fine upon two companies in order to punish them for implementing their mergers prematurely, and to effectuate a deterrent for this type of antitrust activities among other companies. The unprecedented fine imposed on SFR and Altice is the first of its kind to […]
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For the second year in a row, the Chillin’Competition conference drew practitioners, scholars and regulators from across Europe with a promise of an unparalleled array of distinguished speakers focusing on the topic of the neutrality principle and its role in competition law. And it certainly delivered! Alfonso Lamadrid, one of the founders of the Chillin’Competition blog (seen giving the opening remarks above), started the conference by stressing the importance of discussing the concept of substantive neutrality, its meaning and the scope of application in different fields of competition law. Keynote Address – Margrethe Vestager Keynote speaker Margrethe Vestager, EC Commissioner […]
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McDonald’s might be the next company facing the obligation to pay back taxes, only this time to Luxembourg, in the amount of approximately $500 million, according to Financial Times estimates. In December 2015, the European Commission has opened a formal investigation of Luxembourg’s tax treatment in case of McDonald’s. It held a preliminary view that “a tax ruling granted by Luxembourg may have granted McDonald’s an advantageous tax treatment in breach of EU State aid rules.”1 The Commission is yet to render a decision that would conclude said formal investigation against American fast food giant and contain its final judgment […]
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At a recently held conference in Singapore the Director of the Cartels Directorate of DG Competition of the European Commission (the “Commission”) addressed the issue of investigative powers of the Commission and collection of evidence during dawn raids. In particular, they emphasized that the Commission has to “keep up with the technology” in order to effectively combat illegal price fixing and market sharing. According to him, that could be achieved by finding ways to collect data from online social networks so to determine whether individuals are involved in infringement of competition rules. In that respect, it was emphasized that the […]
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The market for the distribution of airline tickets has recently come under the examination of the European Commission (the “Commission”). Upon receiving the formal complaint from the European Technology and Travel Services Association (the “ETTSA”)1, the Commission has sent questionnaires to carriers, travel agents, online reservation sites and global distribution systems asking for the information on exact contract terms and conditions between airlines, travel agents and computerized reservations systems. The main issue that should be determined is whether airlines are impacting customers to book tickets on their own websites rather than using travel agencies and other available computer reservation systems […]
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The French Court of Cassation, the highest court in French judiciary, referred to the Court of Justice of the European Union (the “ECJ”) for the preliminary ruling certain questions related to interpretation on the intersection between farm policy in France under the Common Agricultural Policy (the “CAP”) and the EU antitrust legislation. The referral stems from the 2012 case in which the French Competition Authority fined 10 growers of endives and seven associations in France with more than 4 million euros for price fixing, managing volumes of endives put on sale and exchange of information. Namely, according to the Article […]
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After the European Commission (the “Commission”) by its decision from 5 October 20141 imposed a fine of more than 38 millions of euros on Slovak Telekom for the abuse of its dominant position on Slovak market for broadband services, Slovak Telekom has come to face damage claims from mobile operators Orange Slovensko and SWAN. The said operators claimed damages they allegedly suffered before Bratislava court, in the amount exceeding 280 million euros on the grounds of the said Commission’s decision that found Slovak Telekom has abused its dominant position. By the same 2014 decision of the Commission, Deutsche Telekom was […]
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On 11 February 2016, the Serbian Commission for the Protection of Competition (the “Competition Commission”) published on its official website the Guidance Concerning Requests for Individual Exemption (the “Guidance”). The overall message the Guidance sends can be seen as a warning that Competition Commission will no longer tolerate delays in notification of restrictive agreements – the deadline for such notification is immediately, otherwise annulment and fines may be incurred. Namely, the Competition Commission, having in mind frequently asked questions in its everyday practice, concluded that it should provide more detailed information regarding the notifications of restrictive agreements. In particular, as stated […]
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A race to the bottom is a socio-economic phrase used to describe a situation in which countries or companies try to compete in order to attract and retain economic activity and the latest data from the Center for Economic Analysis (CEA) in Macedonia suggests that the country is pushing the envelope on its regional counterparts. CEA recently published that seven companies doing business within Macedonian technological industrial development zones have have been granted a total of 56 million euros in state aid. In certain cases, the state aid granted amounted up to 47% of overall value of the investment. Vesna Garvanlieva, CEA […]
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On 1 February 2016 the European Free Trade Organization (“EFTA”) Surveillance Authority has sent a Statement of Objections to Telenor over the possible breach of EEA competition rules in Norway. Telenor now has until 11 April to claim its position regarding the received antitrust charge sheet. Namely, the EFTA Surveillance Authority suspects that Telenor may have abused its dominant position in Norway, by obstructing competitors in three markets related to the provision of mobile communications services to Norwegian users: the market for wholesale mobile access and origination services, the market for mobile broadband services to residential customers, and the market for […]
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On 23 January 2016 the Serbian Government adopted the new Regulation on the Content and Method of Submittal of Request for Issuing of Approval for Proposed Concentration (Official Gazette of RS no. 5/2016 – the “Regulation”) that will be effective as of 2 February 2016. The importance of the new Regulation lies in the fact that it introduces a simplified method for notification of the proposed concentration, harmonizing in that regards the national procedure with the existing EU procedure for notification of concentration. The simplified procedure allows merging undertakings to use a shorter notification form for concentration that are unlikely […]
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On January 22, 2016, Yuriy Terentyev, chairman of the Ukrainian competition watchdog, the Anti-Monopoly Committee of Ukraine (AMCU), took to Facebook to announce that Gazprom, Russia’s state-owned gas enterprise and the exclusive supplier of gas through Ukraine’s transit pipeline, will be fined for the abuse of dominant position in the Ukrainian gas transit market. According to Mr. Terentyev, the AMCU issued a fine of 85 billion hryvnias, or 3.4 billion dollars. No other details were disclosed. Whether or not Gazprom ends up paying said amount, this case is particularly interesting as it represents the first time that a fine was actually levied […]
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We are very pleased to announce that Gecić Law contributed the first-ever Serbia chapter for The International Comparative Legal Guides to Cartels & Leniency. The publication comes at a defining moment in terms of antitrust enforcement in Serbia as the Commission for Protection of Competition (the “Competition Commission”) conducted a number of dawn raids in two ongoing investigations in 2015. This was the first time the Competition Commission invoked such investigative powers since it was established in 2006. We have already published a short guide on dawn raids, available here, in the light of the aforementioned developments, and a standalone piece on […]
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The Commission for Protection of Competition (the “Commission”) opened an ex officio procedure against Philip Morris Services (PM), British American Tobacco South East Europe (BAT), JT International, Imperial Tobacco SCG, TDR1, and Monus, as announced on 1 December 2015.2 This followed two dawn raids against PM and BAT. As indicated in the decision3, the Commission suspects that undertakings involved concerted in order to align their pricing policies for factory manufactured cigarettes, thereby violating Article 10 of the Competition Act (a provision prohibiting restrictive agreements, and mirroring, to considerable extent, Article 101(1) of Treaty on Functioning of the EU – TFEU). This is the first […]
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We are pleased to announce that our partner Bogdan Gecić together with Dr. Tatjana Jovanić, an associate professor at the University of Belgrade Faculty of Law, co-authored the Serbian chapter for Legal Aspects of Doing Business in Europe – Second Edition. The chapter provides a comprehensive overview of most important legal aspects for both domestic and foreign investors and businesses in Serbia. The chapter provides an in-depth analysis of the following topics: Enterprises: Establishment, Acquisition & Bankruptcy Customs Regulation Investment Incentives and Currency Regulation Competition and Market Regulation Intellectual Property Employment Banking The edition is published by Juris Publishing, Inc., a full-service […]
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The purpose of this brief is to highlight the consequences of the unilateral decision by the state of Croatia, as a member of the European Union, to close its borders for transport coming from Serbia between 17 and 25 September 2015 and to emphasize potential breaches of legal principles the EU has been founded on. We take into consideration the multitude of acts, treaties and agreements which constitute legal sources of the European Union, as well as precedents set by the highest court of the EU, and explore potential avenues for legal redress for those whose interests were harmed by […]
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