Blogs

  • Serbian competition watchdog hits SBB with allegations of abuse of dominant position

    On 27 March 2018, the Serbian Commission for Protection of Competition ("Commission") initiated investigation against Serbia Broadband ("SBB"), the largest Serbian cable distribution system operator for alleged abuse of dominant position by charging excessive prices. SBB raised prices of monthly cable distribution system maintenance and cable TV subscription fee for RSD 100, which is less than EUR 1, as of 1 January 2018. The Commission took a prima facie view that the price increase may be unj...

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  • Changes in state aid control regime in Montenegro

    A new State Aid Control Act (Zakon o kontroli državne pomoći) ("SACA") was adopted in Montenegro on 14 February 2018., bringing significant institutional, substantive and procedural developments to the existing state aid framework. Below we provide a summary of the main changes. Competition Agency to take over state aid control State aid control and administration are currently within shared competence of the State Aid Control Commission (Komisija za kontrolu državne pomoći) and the State...

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  • Serbian Competition Authority keeps an eye on sports footwear, sportswear and sports equipment markets

    On 1 February 2018, the Serbian Commission for Protection of Competition ("Commission") published a report on its sector inquiry into the sports footwear, sportswear and sports equipment markets in the Republic of Serbia. The inquiry covered the period from 2014 to 2016. The sector inquiry was prompted by a surge in the number of investigations concerning restrictive agreements on these markets, but it also gave rise to new investigations. Based on the information gathered in the sector inquiry...

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  • Distinction between privacy and data protection in ECtHR's Montenegro case

    A recent judgment by the European Court of Human Rights (ECtHR) – Antovic and Mirkovic v. Montenegro (28 November 2017) – attracted a fair amount of commentary that focused on the judgment’s main theme: employers’ use of video-surveillance at work. But the case also contains an interesting aspect which for the most part remained unnoticed: it brings to light the difference between the right to respect for private life and the right to protection of personal data. Establi...

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  • Standard contractual clauses challenged by GDPR and scrutinized by CJEU

    The EU Standard contractual clauses ("SCCs") have been the most frequently used means for data transfers outside the EU. Under the EU General Data Protection Regulation 2016/679 ("GDPR"), which comes into effect in May this year, the SCCs provide for "appropriate safeguards" validating transfer of personal data to a third country or an international organisation. However, the SCCs currently covering controller-to-processor (C2P) data transfers do not meet all GDPR requirements for a lawful tra...

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  • Competition law in Serbia in 2017: A Year in Review

    A more vigorous and sophisticated approach of the Serbian competition authority to antitrust enforcement In 2017, the Serbian Commission for the Protection of Competition ("Commission") moved towards more effective antitrust enforcement. The Commission opened seven investigations and issued fines in five other cases. The average fine was in the proximity of 1% of infringer's Serbian turnover. Although the practice has constitutionality issues, the Commission continued to use dawn raids as a r...

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  • Montenegrin courts step up activity related to the decisions of the Agency for Protection of Competition

    Montenegrin courts have recently intensified their activities in the competition area. As is well known, the Montenegrin Agency for Protection of Competition ("Agency") does not have the authority to issue fines but may request from the competent misdemeanour court to do so. In the period from August to October this year, misdemeanour courts in Montenegro decided on two such requests from the Agency. In the proceedings against the company "Šafran" d.o.o. Bar, the Misdemeanour Court in Ba...

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  • Strasbourg Court enhances employer's obligation to respect privacy

    On 5 September 2017, the Grand Chamber of the European Court of Human Rights issued its judgment in the case of Bărbulescu v. Romania (Application no. 61496/08). The judgment will have an effect of stepping up the obligation of employers to respect privacy of communication of employees at work. This is of relevance to Serbian employers as well, given that European Convention of Human Rights ("Convention"), as interpreted by this judgment, is part of Serbian legal system. The case involves a R...

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  • Bosnian DP Agency weighs in on criminal background checks

    At the end of August this year, the Bosnian Data Protection Agency ("Agency") made available to the public a decision rendered on 24 April 2017, which sheds light on two important issues concerning the so-called criminal background checks. The decision makes clear that, under Bosnian law, an employer may not lawfully require a job applicant or current employee to disclose his (non)conviction for a criminal offence, and that employer is not entitled to obtain from the competent authorities the p...

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  • Commission for the protection of competition imposes its first fine ever for gun-jumping

    The Serbian Commission for the Protection of Competition ("Commission") has recently fined local IT company Prointer a total of approx. EUR 56,000 (approximately 0.25% of its relevant turnover) for implementation of a concentration prior to obtaining merger clearance. This is the Commission's first gun-jumping case. In 2015, Prointer acquired 50% of capital in Serbian company Alti, one of the leading distributors and manufacturers of computers, consumer goods and communication technologies in ...

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