Competition Authority issues Rules of Procedure

On December 5 2013 the Commission for Protection of Competition issued the Rules of Procedure, aimed at regulating the commission's decision-making sessions.

The rules do not set out a fixed timetable of obligatory meetings. Instead, meetings are to be convened as needed by the president of the commission on his own initiative or on written request by at least three commission members. The meeting must be notified at least five days before its scheduled date, except in case of urgent procedures.

If the commission identifies a serious threat to competition on the market, it is obliged to hold an urgent meeting within 24 hours of becoming aware of such circumstances.

The commission comprises four members and the president, the quorum for a meeting being at least three members, including the president. If the quorum is not met, the meeting must be postponed. The rules allow other persons involved in the proceedings, such as state authority officials and experts cooperating with the commission, to attend the meetings and voice their opinions.

Voting is always public and the commission adopts its decisions by a majority vote of all members. Members voting contrary to the majority are entitled to state their dissenting opinions and elaborate on them in writing.

In case of contentious or equivocal issues arising during the voting procedure, voting will be delayed until all grounds for reaching a decision have been determined.

The commission keeps the public informed by way of press releases.

For further information on this topic please contact Srdjana Petronijević at Moravčević Vojnović i Partneri in cooperation with Schoenherr by telephone (+381 11 320 26 00), fax (+381 11 320 26 10) or email (s.petronijevic@schoenherr.rs). The Moravčević Vojnović i Partneri website can be accessed at www.schoenherr.rs.