MONTENEGRO Law and Practice Contributed by: Bisera Andrijasevic and Marija Ksenija Popović, BDK Advokati
9. Foreign Direct Investment/Subsidies Review 9.1 Legislation and Filing Requirements There are no separate filing requirements for transac - tions involving direct investments or foreign subsidies beyond those outlined in the merger control regula - tions. However, foreign military trade is subject to a special regime under the Foreign Trade in Arms and Military Equipment and the relevant bylaws.
dural matters, and no decisions have been issued in which it provided a different interpretation of substan - tive competition law compared to the Agency. 8.3 Ability of Third Parties to Appeal Clearance Decisions Third parties whose rights or legal interests have been infringed upon by the clearance decision have the right to lodge an appeal in an administrative dispute. In a noteworthy 2017 decision, the Supreme Court confirmed the legal standing of competitors to chal - lenge merger decisions as third parties. The Admin - istrative Court of Montenegro had previously rejected lawsuits filed by market competitors challenging the Agency’s decision to approve a concentration. The Court reasoned that the Agency’s decision only affect - ed the entities seeking approval, not their competitors, and thus lacked legal impact on them. The Supreme Court overturned this ruling, finding that undertakings on the relevant market have a legal interest in initiating such proceedings. This established a precedent that allows market participants to challenge the Agency’s decisions concerning other undertakings in the mar - ket.
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