Blogs

  • Who controls the data of fan page visitors

    Responding to the request by the German Federal Administrative Court, the Court of Justice of the EU ("CJEU") gave on 5 June 2018 its preliminary ruling in the proceedings between Schleswig-Holstein's data protection authority ("ULD") and a private educational company ("Wirtschaftsakademie"). The judgment, in the case C-210/16, sheds light on who is the data controller in relation to the processing of personal data on a fan page hosted on Facebook. The dispute was triggered by the ULD's Novemb...

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  • The Serbian antitrust authority publishes the results of the first phase of the retail sector inquiry

    The Serbian Commission for the Protection of Competition has published on 29 May 2018 the results of the first phase of its retail sector inquiry, commenced one year ago. The first round of the inquiry included indicators of the development of the retail market, the market structure and an overview of the most important market players on the basis of different criteria. The inquiry encompassed over 500 market players and more than 5,500 retail stores over a period from 2014 to 2016. Key findin...

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  • The Serbian Competition Authority has issued dawn raid guidance

    On 25 May 2018, the Serbian Commission for the Protection of Competition (the "Commission") has published a dawn raid guidance ("Guidance") on its investigative powers, rights and duties of the parties during dawn raids and sanctions for obstructing dawn raids. Powers of investigation The Guidance clarifies the scope of the Commission's powers regarding search of business and other documents, by specifying that documents that can be searched include electronic documents and that the search ...

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  • Unnotified exclusive distributorship under scrutiny of the Competition Commission

    Serbian Commission for the Protection of Competition ("Commission") has initiated proceedings against a Polish sports equipment producer Polanik and its exclusive distributor in Serbia GR SPORT doo on allegations that they failed to obtain individual exemption for their agreement. This is the first time the Commission is investigating a foreign company. It is also the first time that the Commission has initiated proceedings for a failure to obtain individual exemption of exclusive distribution ...

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  • 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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