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Competition law enforcement in times of crisis: The case of serbia

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Аутори
Popović, D.
Чланак у часопису (Објављена верзија)
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Апстракт
The development of Serbian competition law started in 2005 with the adoption of its first modern Competition Act. National competition rules are generally harmonized with European Union law, especially following the adoption of the current Competition Act of 2009. However, several problems in competition law enforcement can be identified still, the importance of which increases as the effects of the current economic crisis spread. The paper focuses mainly on three problems specific to competition law enforcement in Serbia, a country with a weak economy. The first problem identified is that of a possibly privileged treatment of state-owned companies. The Competition Authority commenced so far only two proceedings against undertakings with state-owned capital. Furthermore, the Authority seems to accord insufficient attention to some industry sectors that are of special public interest, such as the production and trade of gas or oil, dominated by undertakings with state-owned capital. Sec...tor-specific analyses undertaken by the Competition Authority did not result in any proceedings being initiated ex officio. The second problem identified in this paper is the reluctance of the Serbian Competition Authority to enforce competition rules in certain ‘sensitive’ situations. Instead of taking a pro-active approach, it sometimes seems that the Authority chooses to act as an ‘advisor’ of undertakings rather than an enforcer of competition law. Finally, the paper analyzes the activities of the Commission for State Aid Control, notorious for its perpetually positive approach towards institutions granting state aid.

Извор:
Yearbook of Antitrust and Regulatory Studies, 2013, 6, 8, 35-51
Издавач:
  • University of Warsaw

ISSN: 1689-9024

Scopus: 2-s2.0-85051231056
[ Google Scholar ]
1
URI
https://ralf.ius.bg.ac.rs/handle/123456789/681
Колекције
  • Radovi istraživača / Researchers’ publications
Институција/група
Pravni fakultet / Faculty of Law University of Belgrade
TY  - JOUR
AU  - Popović, D.
PY  - 2013
UR  - https://ralf.ius.bg.ac.rs/handle/123456789/681
AB  - The development of Serbian competition law started in 2005 with the adoption of its first modern Competition Act. National competition rules are generally harmonized with European Union law, especially following the adoption of the current Competition Act of 2009. However, several problems in competition law enforcement can be identified still, the importance of which increases as the effects of the current economic crisis spread. The paper focuses mainly on three problems specific to competition law enforcement in Serbia, a country with a weak economy. The first problem identified is that of a possibly privileged treatment of state-owned companies. The Competition Authority commenced so far only two proceedings against undertakings with state-owned capital. Furthermore, the Authority seems to accord insufficient attention to some industry sectors that are of special public interest, such as the production and trade of gas or oil, dominated by undertakings with state-owned capital. Sector-specific analyses undertaken by the Competition Authority did not result in any proceedings being initiated ex officio. The second problem identified in this paper is the reluctance of the Serbian Competition Authority to enforce competition rules in certain ‘sensitive’ situations. Instead of taking a pro-active approach, it sometimes seems that the Authority chooses to act as an ‘advisor’ of undertakings rather than an enforcer of competition law. Finally, the paper analyzes the activities of the Commission for State Aid Control, notorious for its perpetually positive approach towards institutions granting state aid.
PB  - University of Warsaw
T2  - Yearbook of Antitrust and Regulatory Studies
T1  - Competition law enforcement in times of crisis: The case of serbia
EP  - 51
IS  - 8
SP  - 35
VL  - 6
UR  - conv_3419
ER  - 
@article{
author = "Popović, D.",
year = "2013",
abstract = "The development of Serbian competition law started in 2005 with the adoption of its first modern Competition Act. National competition rules are generally harmonized with European Union law, especially following the adoption of the current Competition Act of 2009. However, several problems in competition law enforcement can be identified still, the importance of which increases as the effects of the current economic crisis spread. The paper focuses mainly on three problems specific to competition law enforcement in Serbia, a country with a weak economy. The first problem identified is that of a possibly privileged treatment of state-owned companies. The Competition Authority commenced so far only two proceedings against undertakings with state-owned capital. Furthermore, the Authority seems to accord insufficient attention to some industry sectors that are of special public interest, such as the production and trade of gas or oil, dominated by undertakings with state-owned capital. Sector-specific analyses undertaken by the Competition Authority did not result in any proceedings being initiated ex officio. The second problem identified in this paper is the reluctance of the Serbian Competition Authority to enforce competition rules in certain ‘sensitive’ situations. Instead of taking a pro-active approach, it sometimes seems that the Authority chooses to act as an ‘advisor’ of undertakings rather than an enforcer of competition law. Finally, the paper analyzes the activities of the Commission for State Aid Control, notorious for its perpetually positive approach towards institutions granting state aid.",
publisher = "University of Warsaw",
journal = "Yearbook of Antitrust and Regulatory Studies",
title = "Competition law enforcement in times of crisis: The case of serbia",
pages = "51-35",
number = "8",
volume = "6",
url = "conv_3419"
}
Popović, D.. (2013). Competition law enforcement in times of crisis: The case of serbia. in Yearbook of Antitrust and Regulatory Studies
University of Warsaw., 6(8), 35-51.
conv_3419
Popović D. Competition law enforcement in times of crisis: The case of serbia. in Yearbook of Antitrust and Regulatory Studies. 2013;6(8):35-51.
conv_3419 .
Popović, D., "Competition law enforcement in times of crisis: The case of serbia" in Yearbook of Antitrust and Regulatory Studies, 6, no. 8 (2013):35-51,
conv_3419 .

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