Is it time for the introduction of self-assessment of restrictive agreements into Serbian competition law?

Abstract

A working group for drafting the new Law on Protection of Competition was formed in 2018. One of the issues raised was whether the legal norms regulating individual exemptions of restrictive agreements should be amended. In other words, it was discussed whether the system of notification of restrictive agreements for individual exemption should be retained or self-assessment of restrictive agreements should be introduced. Another suggested alternative was to allow undertakings to decide if they want to self-asses their agreements or to request individual exemption from the Commission for Protection of Competition. In this paper, the author analyses advantages and shortcomings of both systems, identifies open questions in relation to the system of self-assessment and proposes possible solutions de lege ferenda.

Keywords

• individual exemption
• self-assessment
• restrictive agreements
• law on protection of competition