The New Serbian Law on the Protection of Competition: A Critical Assessment
Title: The New Serbian Law on the Protection of Competition: A Critical Assessment
Author: SVETLICINII, Alexandr
Citation: Legal Life, Journal for Legal Theory and Practice of the Jurists Association of Serbia, 2009, 12, IV, 567-580
The reform of the Serbian competition law enforcement mechanism was marked by the adoption of the new Law on Protection of Competition. Present paper analyzes the changes introduced by the new legislation in the view of the preceding law enforcement activities carried out by the Serbian competition authority, as well as competition law enforcement in the neighboring countries, which like Serbia have been continuously adapting their competition laws to the EU standards. The discussion focuses around the new legal concepts and definitions, merger control regime, and the procedural rules governing the investigations, decision-making and judicial review of the decisions taken by the competition authority. While the new legislation accords more powers to the competition authority, which should enhance the efficiency and expediency of the law enforcement, some of the concepts and procedures have been regulated in a way that raises concerns regarding consistency and legal certainty in their application.
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