Commitment Procedure under Serbian Competition Act
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The Serbian Competition Act , which has been in force since November 2009, was amended in 2013 in order to improve the effective enforcement of competition rules by the Commission for Protection of Competition (hereinafter, the Commission or Competition Commission), and to further harmonise national regulations with the EU acquis in the area of protection of competition. The 2009 Competition Act (hereianfter, the Act), which introduced some modern competition protection concepts into the Serbian legal system, had certain deficiencies which hindered the practical application of the statute and, consequently, effective enforcement by the Commission. In addition to the existing provisions of the Act, the legislator introduced a novelty that will, beyond any doubt, produce considerable effects on the Commission's actions in deciding on competition infringement cases. The novelty concerns the introduction of the so-called commitment procedure, which allows the Commission to close a competition infringement case by accepting commitments offered by the undertakings concerned, without establishing whether there has been an infringement. The instrument has turned out to be exceptionally effective in closing proceedings before the competition authorities of the EU and the Member States.
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