Competition

Montenegro: The Unsung Enforcement of Montenegro’s Competition Authority

If one were to glance over the website of the Montenegrin Agency for Protection of Competition (Agency), one may reach what will turn out to be a premature conclusion that the Agency is not an overly active enforcer, especially when it comes to merger control-related infringements. One will also not be able to learn much about the Agency’s fining practices. To gain a more realistic picture of its track record with gun-jumping cases, a deeper dive into publicly available data is required. Reasons for this lie mostly with how the Montenegrin legal system for the levying of competition fines is set up.

Allen & Overy Advises Stock Spirits Group on Polmos Bielsko-Niala Merger Proceedings

Allen & Overy has represented the Stock Spirits Group in merger control proceedings before the Polish Competition Authority for the acquisition of Polmos Bielsko-Niala.

The FSR General Tool

On 12 July 2023 the general or ex officio tool of the FSR became applicable. The tool empowers the European Commission (EC) to investigate cases where foreign subsidies are suspected of having a distortive effect on the EU's internal market, even if they do not fall within the scope of the other two FSR tools (M&A tool and public procurement tool). This gives the EC a powerful instrument to tackle market distortions from subsidies granted by third countries.

Sarunas Keserauskas Returns to Ellex

Former Lithuanian Competition Council Chairman Sarunas Keserauskas has returned to Ellex Valiunas as a Partner, after spending 12 years as the head of the competition watchdog.

Bulgaria Soon to Adopt an FDI Screening Regime

Bulgaria is among a minority of EU countries that have not yet adopted a foreign direct investment (FDI) screening regime. This is about to change with the introduction in late June of a bill on the amendment of the Investment Promotion Act, implementing the screening mechanism under Regulation (EU) 2019/452.

Havel & Partners Successful for OSA Music Professional Association Against Abuse of Dominance Fine

Havel & Partners has successfully defended the Czech Republic-based OSA music professionals' association against abuse of dominance claims and a CZK 10.7 million fine imposed by the Czech Office for Competition Protection.

Ukraine Passes a Long-Awaited Merger Control Reform

On 9 August 2023, the Ukrainian Parliament passed an extensive set of amendments to the competition law. These currently await signature by the President and are expected to come into force on 1 January 2024, save for certain provisions that will become effective after martial law is lifted.