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Declining activity of Serbia’s Competition Protection Commission raises concerns

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This year, the Commission for the Protection of Competition issued only one ruling regarding competition violations and the last ruling on dominant position abuse dates back three years—an alarming decline in activity, according to the Center for European Policies (CEP).

“This significant drop in enforcement and the absence of landmark cases, which should provide practical guidance on competition protection rules, reflect a concerning lethargy within the Commission,” states CEP.

As the coordinator for the Working Group on Chapter 8—Protection of Competition within the National Convention on the EU (NCEU), CEP underscores the urgent need to enhance competition in the Serbian market.

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“While economic growth and investment ratings are important, applying competition protection rules is crucial for long-term economic stability and alignment with European standards,” the statement highlights.

The announcement also points out the Commission’s total absence from public discussions on key policies and legislative initiatives affecting market competition in Serbia.

“This lack of engagement significantly diminishes the Commission’s role as a market supervisor and corrective force, creating an opportunity for policies that may limit competition or favor specific market players,” the statement notes.

Furthermore, the transparency of the Commission’s operations is severely lacking, undermining its credibility.

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For instance, the competition to elect the new president and Council members has not been made public, and available information is largely focused on seminars and international activities, with critical decisions affecting domestic market competition rarely disclosed or explained.

CEP emphasizes that the state of competition and the enforcement of related rules are vital for both the health of the domestic market and Serbia’s advancement toward EU membership.

As outlined in Article 73 of the Stabilization and Association Agreement, Serbia is already obligated to adhere to competition protection rules.

In light of these challenges, the Center for European Policies calls for immediate reforms within the Commission for the Protection of Competition.

The Commission must move away from its current state of passivity and ensure its practices are public, transparent, and aligned with the best European standards.

“The public, including professionals and the media, must be regularly updated on key decisions affecting competition protection and policies that could impact market conditions. Additionally, the Commission needs adequate institutional and professional capacity to effectively tackle market challenges and enforce rules that prevent monopolistic behavior and other practices that distort competition.”

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