ЈАСНА И НЕПОСРЕДНА ОПАСНОСТ: ПРИКАЗ НОВОГ ЗАКОНА О ЗАШТИТИ КОНКУРЕНЦИЈЕ
CLEAR AND PRESENT DANGER: REVIEW OF THE NEW LAW ON PROTECTION OF COMPETITION

Summary/Abstract: The main objective of this article is to analyze the Law on Protection of Competition enacted by the Serbian legislator in July 2009; and especially to scrutinize the changes introduced into Serbian law by this new piece of legislation. Harmonization of domestic provisions with those of the European Community has been a guiding principle in the drafting process and the legislator has attempted to mimic the legislative model of the Community as closely as possible. Among the provisions analyzed are those dealing with restrictive practices, dominant position and abuse of dominance, determination of the relevant market, merger control, temporal scope of the law, penalties, as well as the basic procedural mechanisms, particularly those dealing with legal recourse against decisions of the Competition Commission. The authors conclude that the new law represents a step back when it comes to business environment, i.e. regulatory risk to which the entrepreneurs are exposed, and that it de facto abolishes effective legal recourse against the rulings of the Commission. Therefore, this law represents a ‘clear and present danger’ for doing business in Serbia, for its economic growth and prosperity.

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