Commission for Protection of Competition
The Commission prepares the Model Program of Compliance with the Regulations on Protection of Competition

kzkContinuing with the work on raising awareness of the need to comply with the regulations on competition protection, the Commission prepared the Model Program of Compliance with the Regulations on Protection of Competition, which accompanies the Guidelines for developing a program of compliance with the regulations on competition protection.

The model poses a starting point for market participants who would be interested in creating a Compliance program, and contains suggestions on which elements to include in the program, how to approach the development and training, as well as which elements require special attention. The intention of such an approach is to further help market participants with facilitated application of the Guidelines and harmonization of their business.

The Commission provides this model as an example and proposal, which is not a mandatory form, in order to facilitate market participants, who decide to develop their own compliance program, to implement such a decision and implement a compliance program in their business. The Commission once again draws attention to the fact that each compliance program should be tailored to the needs of a particular company and adapted to the market or markets in which the company operates.

Checklist for assessing the impact of regulations on competition

kzkThe Commission for Protection of Competition and the Republic Secretariat for Public Policies have jointly developed a Checklist for assessing the impact of regulations on competition.

The checklist for assessing the existence of the impact of regulations on competition is an auxiliary tool that facilitates the competent authorities, ie proposers of regulations, to correctly assess the existence of the impact of regulations on competition, ie. whether a particular proposal/draft regulation may lead to distortions of competition in the market.

If on the basis of this list it is determined that there may be such an impact, the proposal/draft regulation should be submitted to the Commission for Protection of Competition in order to obtain an opinion.
In accordance with the Law on Protection of Competition, the Commission for Protection of Competition is the only one competent to give opinions to the competent authorities on draft regulations, as well as on valid regulations that have an impact on competition on the market.

The checklist is available on the website of the Commission for Protection of Competition (in Serbian and English) and is an integral part of the Public Policy and Regulatory Impact Assessment Handbook, which is available on the website of the Republic Secretariat for Public Policy.

Presentation of the Guidelines for the development of business compliance programs with competition regulations

kzkThe Commission for Protection of Competition in cooperation with the Serbian Chamber of Commerce (SCC) presented to market participants new Guidelines for the development of business compliance programs with regulations on competition protection.

The presentation was intended for all market participants in order to introduce them to the rules in the field of competition protection and guidelines for the development of the Business Compliance Program with the regulations on competition protection published by the Commission in December last year.

The presentation in Belgrade was attended by more than 70 representatives of market participants and the expert public. This is the first in a series of workshops that the Commission will organize in cooperation with the SCC on this topic, given that it is important to further build the knowledge of market participants, especially small and medium enterprises on competition policy.

The current practice of the Commission for Protection of Competition shows that violations of competition often occur due to lack or insufficient knowledge of market participants. On such basis, the need to raise the level of awareness of market participants about the need and ways to comply with regulations in the field of competition was recognized.

In order to assist market participants in the process of adopting a compliance compliance program, the Commission briefly describes and clarifies these “steps” in these workshops and guidelines in the adoption of such programs as well as competition rules.

Lecture on compliance of business with competition rules

kzkRepresentatives of the Commission for Protection of Competition took part in a conference organized by the Association of Serbian Banks, where they held a lecture on “Compliance of business with regulations on protection of competition”.

The topics of the lecture were the legal framework, the goal of competition rules, the institutional framework and competencies of the Commission for Protection of Competition, and then the specific risks related to protection that need to be identified and avoided in the course of business compliance, business compliance needs and program guidelines compliance of operations with the regulations on protection of competition adopted by the Commission at the end of 2021.

Counseling “Compliance functions in banks” was organized as the 17th annual conference in Vrnjačka Banja and was attended by representatives of commercial banks, the Administration for the Prevention of Money Laundering, the Commissioner for Information of Public Importance and Personal Data Protection, the Association for Business Compliance and others.

The Commission has adopted a new Instruction for the detection of bid rigging in the public procurement procedure

kzkThe Commission for Protection of Competition of the Republic of Serbia has adopted a new Instruction for detecting bid rigging in the public procurement procedure, in the light of the new legal solutions (Law on Public Procurement, amendments to the Criminal Code) that were adopted after the 2011 Instruction.

The Commission for Protection of Competition recognized the need to emphasize and raise the level of awareness among market participants about the need and ways of business compliance with current regulations and regulations in the field of competition protection.

The aim of issuing the Instruction is to prevent and foil the implementation of “rigged or falsified offers” (bid rigging), as the most severe forms of cartels. The consequence of such agreements between competitors – bidders regarding the offered price is the elimination of competition between them, which is why the contracting authority would pay more for the subject of procurement than it would pay under the conditions of competition.

The OECD Guidelines for Combating Bi Rigging in Public Procurement and the Notice of the European Commission in accordance with the needs of cooperation between the Commission and the Public Procurement Office were used in the preparation.