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Competition & Antitrust

State of emergency's impact on North Macedonian Competition Authority operations
North Macedonia | 04 June 2020

Owing to the state of emergency declared due to the COVID-19 pandemic, the government adopted the Regulation on the Implementation of the Administrative Proceedings Act During the State of Emergency, which affected the timeline of proceedings before the North Macedonian Competition Authority (NMCA). This article outlines the regulation's practical implications for the NMCA's operations.

Competition authority fines two breweries €8.5 million
North Macedonia | 13 July 2017

The Commission for the Protection of Competition recently determined that two breweries were engaged in resale price maintenance. The breweries had entered into agreements that contained price-fixing provisions and distributors were allegedly restricted from independently determining resale prices.

Competition Authority activity in 2015 at a glance
North Macedonia | 03 November 2016

During 2015 the Competition Authority issued 68 decisions concerning merger control, the abuse of dominant positions and state aid and 32 opinions concerning competition law and state aid law. Further, the authority issued a number of significant fines in decisions relating to cartels and the abuse of dominant positions. Taking into account the available human and financial resources, the authority is satisfied with the results achieved in 2015.

Competition commission publishes annual report
North Macedonia | 29 October 2015

The Commission for the Protection of Competition recently published its 2014 annual report, in which it outlines the developments of the previous year. The commission issued 41 decisions in administrative proceedings, four opinions under the Competition Act and 19 opinions under the State Aid Control Act. It also decided 10 cases in misdemeanour proceedings and imposed fines totalling Md233,530,047.

Drop in Competition Authority activities
North Macedonia | 23 October 2014

The Commission for the Protection of Competition has recently experienced a slight drop in activities. Between May and August 2014 the commission rendered five merger clearances and imposed two fines in misdemeanour proceedings. Moreover, recently enacted amendments to the Competition Act further prescribe the procedures for the appointment of the commission's professional staff.

Competition Authority issues Rules of Procedure
North Macedonia | 30 January 2014

The Commission for Protection of Competition issued the Rules of Procedure, aimed at regulating the commission's decision-making sessions. The rules set out that meetings are to be convened as needed by the president of the commission or on written request by at least three commission members. Voting is always public and the commission adopts its decisions by a majority vote of all members.

Competition Authority issues two bylaws
North Macedonia | 03 October 2013

The Competition Authority has recently published two new bylaws concerning merger control. The Guidelines on Concentrations were published in order to promote a better understanding of the issues relating to concentrations of undertakings on the market, while the Instructions on the Manner of Submitting Merger Notifications concern the content and form of merger notifications.

Competition Authority – a slump in activity in first quarter 2013
North Macedonia | 11 July 2013

Since the beginning of 2013 the Competition Authority has witnessed a slump in its workload. During the first quarter of 2013 the authority issued four decisions and published two news items, concerning Competition Authority staff participation at international conferences.

Macedonian Telekom fined for abuse of dominant position
North Macedonia | 07 February 2013

The High Administrative Court of Macedonia recently confirmed that Macedonian Telekom had abused its dominant position by imposing excessive prices for the lease of digital lines. Macedonian Telecom did not have separate pricing for the lease of lines to its final consumers and wholesalers, which was considered an act of abuse. The procedure was concluded in this final ruling after six years of proceedings.

Competition Authority fines two drug wholesalers
North Macedonia | 01 November 2012

The Competition Authority recently found that two drug wholesalers had submitted bids with prices that were identical up to two decimal places for the generic drugs Etoposide and Docetaxel. The authority held that the wholesalers' behaviour constituted a concerted practice and imposed fines.

Competition Commission adopts Guidelines for Issuing Phase I Clearances
North Macedonia | 23 August 2012

The Commission for the Protection of Competition has adopted the Guidelines for Issuing Phase I Clearances. The commission's goal is to make the merger control procedure more efficient. If the commission determines that a concentration meets the criteria set out in the guidelines, it will usually issue a Phase I decision within 25 business days.

New bylaw amends content of merger notifications
North Macedonia | 24 May 2012

The government recently adopted a new bylaw regulating the content of merger notifications. The main change relates to the provision of relevant data, stating that one set of data or documents must be provided in the filing process and a second set may be provided, but is not required.

Competition Authority: 2011 Progress Report
North Macedonia | 29 March 2012

Macedonia seems to be making significant efforts in the harmonisation of national legislation with EU requirements in the area of competition. The 2011 Progress Report concluded that "in the field of mergers and State aid the enforcement record has improved in quantitative terms", and that "good progress can be reported in the area of anti-trust, including mergers."

Competition Commission publishes annual report
North Macedonia | 15 September 2011

The Commission for the Protection of Competition has published its 2010 annual report in which it outlines the developments that occurred in the previous year. The report also references a report by the European Commission regarding the enforcement of competition laws in Macedonia, which noted that although overall progress had been made, implementation of the law remains poor in the fields of cartels and state aid.

Commission issues guidelines on market definitions
North Macedonia | 14 July 2011

The Commission for the Protection of Competition has adopted new guidelines for defining the relevant markets for the purposes of the Law on the Protection of Competition. The guidelines provide details of the way in which the commission will apply the concept of 'relevant geographical market' and 'relevant product market'.

Commission imposes fines for abuse of market dominance
North Macedonia | 07 July 2011

The Commission for the Protection of Competition recently imposed fines on Macedonian Telecom AD, EVN Makedonia and ONE Telekomunikacijski Uslugi for abusing their respective dominant positions. Macedonian Telecom AD was found to have abused its dominant position in the market for fixed public telephone networks and services in Macedonia and was fined Md61.377 million (about €1 million).

Supreme Court rules in T-Mobile dominance case
North Macedonia | 17 March 2011

The Supreme Court upheld a decision by the Administrative Court finding that T-Mobile had abused its dominant position in the call termination market. As a result, the Commission for the Protection of Competition fined T-Mobile €785,426. The commission also recently initatied proceedings against City Parking for abuse of a dominant position.

Guidelines on negotiating remedies
North Macedonia | 21 October 2010

The Commission for the Protection of Competition has published guidelines outlining those remedies which are acceptable to the commission under Chapter III on Merger Control of the Law on Protection of Competition. The guidelines mainly elaborate on the mechanism for negotiating solutions for overcoming competition concerns arising in relation to specific concentrations.

Recent Commission for Protection of Competition developments
North Macedonia | 01 July 2010

In the first half of 2010 the Commission for Protection of Competition assessed five merger control filings. Of those, four were cleared in summary proceedings and one transaction was classified as an intra-group deal and therefore declared to be non-notifiable. The commission also rendered three opinions on state aid, declaring one government intervention to be permissible.