CONCENTRATION

The course analyzes the conditions under which acquisition of a company or its business unit, merger of companies or joint venture in Serbia or abroad must be reported to the Commission for Protection of Competition for the necessary approval of such transaction. It appears that market participants are not fully appraised of this obligation; failure to report a concentration pursuant to this obligation carries a risk of substantial fines imposed by the Commission against such market participants.

This is what you will learn:

• Concentration of market participants (merger, acquisition of control, joint venture),
• Permitted concentration, effect on market competition,
• Obligation to report the concentration to the Commission for Protection of Competition of Serbia – the necessary financial conditions related to local and international income; calculating income of the participants in the transaction,
• Procedure of merger filing a merger notification (time frame, necessary documents, fee payable to the Commission for the approval),
• Confidentiality of the filed notification – protection of sensitive information (confidential data)
• Summary approval proceeding,
• Examination (phase II), examination ex officio,
• Decisions and provisional approval (sell-off obligation),
• Time period set for the Commission to decide on the filed notification,
• Sanctions in the case of implemented concentration for which an approval has not been obtained,
• Practice of the Commission for Protection of Competition,
• Application of EU rules when interpreting domestic law.

Speakers:

• Darija Ognjenović
• Iva Popović