MONTENEGRO Law and Practice Contributed by: Bisera Andrijasevic and Marija Ksenija Popović, BDK Advokati
As detailed in 3.8 Review Process , each request for information resets the review timeline, with the new deadline starting from the day when the notifying party responds to the request. 3.11 Accelerated Procedure There are two types of notifications in terms of the extent of requested information and docu - ments: full-form and short-form notifications. A short-form notification may be submitted when at least one of the following conditions is met: • the combined market share of the undertak - ings concerned on the relevant market is less than 10%, and/or less than 15% on a verti - cally integrated market; • an undertaking acquires sole control over an undertaking in which it previously held joint control; or • the undertakings concerned are not active on the same relevant product market, verti - cally integrated markets, or closely connected markets, whether in or outside Montenegro. There is no fast-track or any other type of accel - erated review procedure; the deadlines outlined in 3.8 Review Process apply to both short-form and full-form notifications. However, in practice, short-form notifications are typically cleared faster, often within two months of submission.
ment to effective competition” (SIEC) standard applied by the European Commission. Concentrations meeting these criteria are pro - hibited unless the parties can demonstrate that the transaction provides consumer benefits that outweigh the negative effects of the dominant position. The Agency’s analysis involves a comprehensive evaluation of multiple criteria, including: • the structure and concentration of the rel - evant market; • the presence of actual and potential competi - tors; • the market positions and economic strength of the parties involved; and • the ability of suppliers and customers to switch. Additionally, the assessment considers: • legal and other barriers to market entry; • the level of domestic and international com - petitiveness of the parties; • trends in supply and demand for the relevant goods or services; • technological and economic advancements; and • consumer interests. 4.2 Markets Affected by a Transaction Guidelines for defining relevant markets in a concentration are outlined in the Rulebook on the Relevant Market. To define the relevant mar - ket, the Agency applies the criteria of demand substitutability for the relevant product, as well as supply substitutability, depending on the assessed competitive conditions. This includes consideration of the existence and level of devel -
4. Substance of the Review 4.1 Substantive Test
The substantive test for assessing concentra - tions focuses on whether the transaction sig - nificantly prevents, restricts or distorts effective competition in the relevant market, particularly by creating or strengthening a dominant posi - tion. This test aligns with the “significant impedi -
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