Further development of protection of competition in Serbia

Commission for Protection of Competition of the Republic of Serbia

Establishment and Status

The Commission for Protection of Competition is established by the Law on Protection of Competition (“Official Gazette of the RS”, no. 79/05), as an independent and autonomous organization performing public competencies in accordance with this law. The Commission has a status as a legal entity.

The Commission is accountable for its work to the National Assembly of the Republic of Serbia, to which it submits the Annual Report on its activities.

Protection of competition on the market of the Republic of Serbia, with the aim of economic progress and welfare of the society, and in particular to the benefit of the consumers, as well as the establishment, position, organization and competencies of the Commission for Protection of Competition is regulated by the Law on Protection of Competition (“Official Gazette of the RS”, no. 51/09 and “Official Gazette of the RS” no. 95/13). Aside from the mentioned law, competition is also regulated by a number of regulations enacted by the Government of the Republic of Serbia. The Commission also holds an obligation to, pursuant to Article 73 of the Stabilization and Association Agreement (between the European communities and their member states of the one part, and the Republic of Serbia, of the other part), appropriately implement criteria arising from the application of the competition rules applicable in the EU.

Competencies and Authorities of the Commission

In accordance with the Law on Protection of Competition, the Commission is competent to:

1) decide on rights and obligations of undertakings, in accordance with the Law;
2) impose administrative measures, in accordance to the Law;
3) participate in drafting regulations in the field of protection of competition;
4) propose to the Government the adoption of regulations for implementation of the Law;
5) enact instructions and guidelines for implementation of the Law;
6) monitor and analyze competition conditions on particular markets and in particular sectors;
7) submit opinions to competent authorities on draft regulations, as well as on existing regulations that effect the competition on the market;
8) issue opinions in view of implementation of rules in the field of protection of competition;
9) establish international cooperation in the field of protection of competition for fulfillment of international obligations in this area, and gather information on protection of competition in other countries;
10) cooperate with state authorities, territorial autonomy and local self-government bodies, for providing conditions for implementation of the Law and other rules that regulate the issue of importance for protection of competition;
11) perform activities in order to develop awareness on the need for protection of competition;
12) keep records on notified agreements, on undertakings holding dominant position on the market, as well as on concentrations, in accordance to the Law;
13) organize, perform and control implementation of measures providing protection of competition;
14) perform other activities in accordance with the Law.
The Commission performs activities referred to items 1), 2), 3), 4), 5), 6), 7), 8), 9), 10) and 13) as entrusted competencies.

Italian Competition Authority

What the Authority is

The Italian Competition Authority is an administrative independent Authority, established by Law no. 287 of 10 October 1990 ("The Competition and Fair Trading Act", hereinafter “the Act”), which introduced antitrust rules in Italy. Subsequent laws endowed it with additional powers, the most important of which concern the repression of unfair commercial practices, misleading and unlawful comparative advertising and the application of conflict of interests laws to government-office holders. Being an independent Authority it has the status of a public agency whose decisions are taken on the basis of the Act without any possibility of interference by the Government.

The Authority's independence is reinforced by the appointment procedures and prerequisites of its Chairman and three Members. They remain in office for a seven-year non-renewable term and are jointly appointed by the Presidents of the Chamber of Deputies and Senate. The prerequisites for the Chairman include a reputation for independence and service in other high-level institutional positions. The Members are selected among the magistrates of the State Council, the Court of Auditors and the Court of Appeals, full university professors of economics or jurisprudence and outstanding personalities from the economic sector with impeccable reputations.

This collegial body (the Board) makes its decisions by majority rule.

This Board currently consists of the Chairman, Roberto Rustichelli (appointed on 6 May 2019) and two Members: Gabriella Muscolo (appointed on 16 May 2014) and Michele Ainis (appointed on 08 March 2016).

The Secretary General of the Antitrust Authority (Filippo Arena) supervises operational and office management.

Address:

Autorità garante della concorrenza e del mercato
Piazza G. Verdi n. 6/A - 00198 Roma

Tel.: +39 06 858211; fax: +39 06 85821256;
web: http://www.agcm.it

Consultants

Gianluca Sepe

Resident Twinning Adviser

Alessandra Tonazzi

Member State Project Leader

Danijela Bokan

Beneficiary Country Project Leader

Nina Vasić

Resident Twinning Adviser Counterpart

Implementation