MONTENEGRO Law and Practice Contributed by: Bisera Andrijasevic and Marija Ksenija Popović, BDK Advokati
kets. Undertakings and other legal or natural persons are required, at the Agency’s request, to provide data and documentation relevant to establishing facts in the proceedings within a period of no less than three days and no more than 30 days from the date of receipt of the request. The Agency may, upon request, send a non-confiden - tial version of the statement of objections to the per - son or entity that submitted the initiative, along with an instruction granting the initiator the right to submit written objections to the Agency within eight days of receiving the notice. Additionally, upon request, the Agency may provide the statement of objections to any other third party able to demonstrate that the proceedings involve decisions affecting their rights or legal interests. 7.2 Contacting Third Parties During the investigative phase of more complex reviews, the Agency seeks input from third parties, typically by issuing written requests for information. Market testing of remedies proposed by the parties is uncommon. 7.3 Confidentiality During the merger review process, the Agency pub - lishes a notice in the Official Gazette of Montenegro for each notified concentration, which includes the names of the parties, their related entities in Monte - negro, and a brief description of the concentration. A party providing commercially sensitive information may request confidentiality from the Agency, which can be granted if the request is justified and the need for protection outweighs the public’s right to access the data. The requesting party must demonstrate the potential harm that could result from disclosing the information or its source. The process for safeguard - ing sensitive information is outlined in the Notice on Protection of Confidential Data. 7.4 Co-Operation With Other Jurisdictions The Agency is a member of the International Competi - tion Network. It actively participates in Regional Coop - eration Council projects and has signed memoranda of understanding with Bosnia and Herzegovina, Croa - tia, North Macedonia and Serbia to enhance regional
co-operation and align with European competition standards. Additionally, the Agency collaborates with the Energy Community Secretariat, UNCTAD, the OECD and the EBRD through various co-operation agreements and initiatives, including the Sofia State - ment, which promotes deeper regional co-operation. Bilaterally, the Agency has bilateral memoranda of understanding with national competition authorities in Albania, Austria, Bosnia and Herzegovina, Bulgaria, Croatia, North Macedonia, Hungary, Germany, Serbia and Turkey. It co-operates most closely with national competition authorities from the region and closely monitors the transactions which they clear in order to detect gun-jumping. 8. Appeals and Judicial Review 8.1 Access to Appeal and Judicial Review Merger control decisions issued by the Agency can be challenged before the Administrative Court of Monte - negro. While the Competition Act does not explicitly define the categories of individuals or entities eligi - ble to appeal such decisions, the right to appeal is governed by the Administrative Disputes Act (Official Gazette of Montenegro, No 54/16). Decisions of the Administrative Court may be further challenged before the Supreme Court of Montenegro at third instance. On the other hand, as outlined in 2.13 Penalties for the Implementation of a Transaction Before Clearance , the Agency does not have the authority to impose fines and must initiate misdemeanour proceedings. Decisions of misdemeanour courts can be challenged before higher misdemeanour courts in accordance with the Misdemeanours Act. Final decisions of higher misdemeanour courts may only be appealed to the An action for initiating an administrative dispute against a decision adopted by the Agency may be brought before the Administrative Court of Montene - gro by filing a lawsuit within 20 days from the date the decision is received. Successful proceedings before the Administrative Court are rare in practice. In its review, the Administrative Court focuses on proce - Constitutional Court of Montenegro. 8.2 Typical Timeline for Appeals
415 CHAMBERS.COM
Powered by FlippingBook