13 Jul, 2018

Case Closed: Energy Community Drops Dispute Against EPS and Republic of Serbia Over Kolubara B Project

Gecić Law has successfully advised the Republic of Serbia and EPS, one of the largest energy companies in the region, in a probe led by Energy Community Secretariat regarding alleged State support for the multi-million-euro Kolubara B project. On Monday, June 25, 2018, the Energy Community Secretariat announced the parties reached an amicable solution bringing the two-year long case to an end. The Kolubara B power plant project will enable EPS to add 700 MW of electricity annually, constituting the most important investment in the Serbian energy infrastructure in the last four decades. The ruling not only confirmed our team’s […]

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12 Dec, 2017

It’s Here! Gecić Law Extends Global Footprint With TerraLex Elite Network

Following almost 12 months of meticulous research, grueling screening processes, and a series of elaborate meetings and interviews, Gecić Law is excited to announce it became the exclusive Serbian partner of TerraLex, the world’s leading international legal network and member of The Elite (Band 1) in the Chambers & Partners leading law firm networks global-wide rankings.  We are extremely grateful that TerraLex recognized our quality, reputation, international experience and dedication to excellence in the practice of law. This extensive network spans over 100 countries worldwide and provides full-service assistance to clients through its 17 practice groups.  As part of the TerraLex […]

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10 Jul, 2017

The Dawn of Dawn Raids or the Twilight of Due Process in Serbia?

During the last ten days of May 2017, Serbian competition authority has hastily opened an unprecedented number of investigations.  Simultaneously, the authority announced a push for a complete revamp of the competition act.  Reviewing these developments through the lens of the New Administrative Act, which came into force on 1 June 2017, a strong argument can be made that behind these actions is a desire to circumvent the robust human rights safeguards introduced by the New Administrative Act and guaranteed under the ECHR and the Serbian Constitution. During the last ten days of May, the Commission for Protection of Competition of […]

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26 Jun, 2017

Thresholds for Merger Control in Serbia – a Treasure Island of False Positives?

The Serbian 2009 Protection of Competition Act (as amended in 2013) (the Act) provides for rather low merger control thresholds, compared both to EU law and countries in the region. Thresholds set this low can (and usually do) result in excessive merger control which eventually brings more harm than good to market competition.  In order to put an end to this, a change in decisional practice and/or legislative change in regards to this important aspect of merger control is required. The Act provides for rather low merger control thresholds, compared both to EU law and countries in the region.  Namely, […]

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13 Jun, 2017

Quarterly Review of Decisions Taken by Serbia’s Commission for Protection of Competition

During the first quarter of 2017, the Serbian Commission for Protection of Competition of the Republic of Serbia handed down a number of decisions in different areas of competition protection and recognized the necessity of conducting analyses of vital sectors such as telecoms, oil products and oil-derivatives: Restrictive agreements.  The Commission decided to investigate a close collaboration between two large players on the oil products market in Serbia.  On March 13, 2017, the Commission fined two direct competitors – Victoriaoil and Vital – for entering into a mutual cooperation agreement under which Vital agreed to outsource production and packaging of […]

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23 Dec, 2016

The Highest Antitrust Fine to Date Issued in Serbia to EPS Distribution

Serbian Commission for Protection of Competition (the “Commission“) has fined EPS Distribution, a sole electric power distribution system operator, for the abuse of dominant position in the amount of 330 million RSD (cca EUR 2.7 million).  This is the highest antitrust fine imposed by the Serbian regulator. Having established the EPS Distribution indeed held dominant position, the Commission found several abuses of dominant position and in particular: As a result of non-transparent business policy, the company EPS Supply was placed in an advantageous position compared to competitors. Subject behavior was reflected in (i) the fact that unlike other suppliers, only EPS […]

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25 Mar, 2016

Serbian Parliament Adopts the New Act on General Administrative Procedure

On 29 February 2016, the Serbian Parliament adopted the new Act on General Administrative Procedure (the Act), which came into effect on 9 March 2016 and will be enforced as of 1 June 2017, save for certain provisions which will come into effect on 7 June 2016. This is a completely new piece of legislation which will bring significant changes in the field of domestic administrative law. Therefore, a short summary of the most significant provisions of the Act is provided hereafter. The scope of the Act has been significantly extended so as to govern the actions of authorities as […]

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17 Feb, 2016

Competition Commission Published Its Guidance on Individual Exemptions

On 11 February 2016, the Serbian Commission for the Protection of Competition (the “Competition Commission”) published on its official website the Guidance Concerning Requests for Individual Exemption (the “Guidance”). The overall message the Guidance sends can be seen as a warning that Competition Commission will no longer tolerate delays in notification of restrictive agreements – the deadline for such notification is immediately, otherwise annulment and fines may be incurred. Namely, the Competition Commission, having in mind frequently asked questions in its everyday practice, concluded that it should provide more detailed information regarding the notifications of restrictive agreements.  In particular, as stated […]

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17 Feb, 2016

Regional Subsidies Race to the Bottom Intensifies?

A race to the bottom is a socio-economic phrase used to describe a situation in which countries or companies try to compete in order to attract and retain economic activity and the latest data from the Center for Economic Analysis (CEA) in Macedonia suggests that the country is pushing the envelope on its regional counterparts.  CEA recently published that seven companies doing business within Macedonian technological industrial development zones have have been granted a total of 56 million euros in state aid.  In certain cases, the state aid granted amounted up to 47% of overall value of the investment.  Vesna Garvanlieva, CEA […]

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19 Jan, 2016

Changes to the Agricultural Land Act

On 29 December 2015 Serbian Parliament amendments to the Agricultural Land Act (the “Act”) and with the changes effective as of 7 January 2016. The amendments primarily focus on introducing new ways in which to manage and dispose of state-owned agricultural land. The key changes are: revision of the conditions for exercising the right of first refusal, establishment of the right of priority lease of agricultural land, modifications regarding lease and use rights, use without reimbursement, and disposal of state-owned agricultural land. 1. The right of first refusal can be exercised as part of the specific procedure, which local self […]

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