ПРИМЕНА ДОМАЋИХ ПРАВИЛА О ЗАШТИТИ КОНКУРЕНЦИЈЕ НА ПРАВНЕ ОДНОСЕ СА МЕЂУНАРОДНИМ ЕЛЕМЕНТОМ ПО УЗОРУ НА ПРАВО ЕВРОПСКЕ ЗАЈЕДНИЦЕ
SCOPE OF APPLICATION OF NEW COMPETITION RULES OF THE REPUBLIC OF SERBIA: RECEPTION OF THE EC COMPETITION RULES

Summary/Abstract: The new Competition Act of the Republic of Serbia which entered into force November 1, 2009, promotes principles of the market economy. The Competition Act is closely modelled after the EC competition rules. It applies to acts and actions performed on the territory of the Republic of Serbia, as well as to the acts and actions performed outside its territory, if they affect or could affect the competition in the territory of the Republic of Serbia. Furthermore, it applies to all undertakings that trade in goods and services, regardless of their legal status or the state of origin. Serbia has also accepted international treaty obligations towards EC and CEFTA countries to enforce similar competition rules in cases when undertakings enter into agreements or practices that could affect competition in trade between member states. Articles 81 and 82 of the EC Treaty are quoted in those treaties as a yardstick for proper intepretation of the rules on competition contained therein. The article presents the scope of application of Articles 81 and 82 in light of the practice of the EC Courts and the Commission’s Guidelines on the effect on trade concept contained in Articles 81 and 82, and draws conclusions that may be relevant for the application of the Serbian competition rules.

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