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On 28 December 2023, the Agency for the Protection of Competition of Montenegro (the “Agency”) adopted a decision regarding its finding that the pricelist adopted by the Association of Tourist Agencies of Montenegro (the “Association”) concerning services provided by the tourist agencies amounts to a restrictive agreement by object under the Montenegrin Competition Law.

In The Debrief, our Practice Leaders across CEE share updates on recent and upcoming legislation, consider the impact of recent court decisions, showcase landmark projects, and keep our readers apprised of the latest developments impacting their respective practice areas.

Excellent economic independence, monetary stability, and a steady tax structure in Montenegro, together with the Government’s customs and fiscal incentive measures, are attracting many foreign investors.

Schoenherr has advised the Montenegro Chamber of Commerce on its eKomora digitalization project, including the execution of the partnership agreement – following a successful public procurement tender – with a consortium comprising Axians Crna Gora, Crnogorski Telekom, Montex Elektronika, Cikom, and WinSoft.

The new year started early for Montenegro, or at least it feels that way according to PLK Advokati Founding Partner Stefan Lucic, who points to significant recent policy shifts aligning Montenegro more closely with the EU and NATO and to the ambitious economic reforms spearheaded by the country's newly elected prime minister.

JPM & Partners has recently embarked on a transformative journey of both rebranding its operations and integrating with the law offices of Lana Vukmirovic Misic in Montenegro – a “long-time JPM friend and partner.” JPM & Partners Senior Partners Nenad Popovic and Lana Vukmirovic Misic discuss the firm's recent rebranding, strategic expansion, and the motivations behind these as well as what comes next for the firm.

The world has seen a significant shift towards sustainable energy sources in recent years. One of the most promising and rapidly growing sectors in the renewable energy industry is offshore wind parks. These structures that use the power of wind over the open seas are quickly gaining popularity as part of the global effort to combat climate change. This article will explore the global trend of offshore wind parks and shed light on Montenegro's potential in this eco-friendly energy source with a special focus on fixed-bottom wind parks.

BDK Advokati has advised sustainable infrastructure fund Alcazar Energy on its acquisition of the 118-megawatt Bijela wind farm project in Montenegro. Karanovic & Partners advised project developers Simes Inzenjering and Sistem MNE on the sale.

The Ministry of Economic Development and Tourism adopted the Draft Law on Real Estate Brokerage. The adoption of this law is motivated primarily by the need to suppress the grey economy that is flourishing in the field of real estate brokerage. The second, equally important motive is the protection of participants and the prevention of abuses and fraud in real estate sales.

The Work Program of the Government of Montenegro for 2023 envisages the preparation of a set of draft laws that are in final phase.

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.

Montenegro intends to implement a profound shift in its spatial planning and construction regulations with the pending adoption of three distinct legal acts that will regulate the country’s spatial planning, the construction of facilities, and legalisation procedures.

For many years, we have witnessed how the laws of England and Wales were introduced in the Montenegrin financial legal system by the application of Loan and Market Association (LMA) templates in financing transactions. It was usually the lenders insisting on having the LMA standards in the loan agreement and for the laws of England and Wales to govern the loan agreement.

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