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Notification of Concentration

In terms of Law on Protecting of Competition concentration arises where a change of control on a lasting basis results from:

  • the merger of two or more previously independent undertakings or parts of undertakings;
  • the acquisition by one or more persons (already controlling at least one undertaking) or by one or more undertakings of direct or indirect control of one or more other undertakings.

In some cases the concentration may unfavorably affect competition in the relevant market. Because of this, concentration is subject to control by regulatory bodies for the protection of competition, which in Serbia is the Commission for Protection of Competition (CPC).

Concentration must be notified to the CPC prior its implementation. Belox has substantial experience in this area and we are offering our clients support in this process in the form of detail analyses which include:

  • the structure of the relevant markets,
  • actual and potential competition,
  • the position of market participants and their economic and financial powers,
  • suppliers selection,
  • structural and regulatory barriers for market entrants,
  • level of competition involved in concentration,
  • the trends of supply and demand of relevant products,
  • technical trends and economic development and
  • economic interests of consumers as the most important component of the overall analysis.

Depending on the results of the analysis, the CPC can unconditionally approve, conditionally approve or deny the concentration of the applicant.

If you have to forecast, forecast often.

Edgar R. Fiedler