The proposed draft of amendments and supplements to the Competition Law eliminates individual exemption requirements, shifting responsibility to businesses for self-assessing agreements’ compliance. Concentration notification deadlines are revised, while the Agency gains enhanced powers. Penalty reductions and a five-year statute of limitations are introduced, mirroring EU and Serbian frameworks.
The new draft of the Law on Procedures for Compensation for Damages Due to Violation of Competition aligns with EU Directive 2014/104/EU, ensuring the right to full compensation for damages caused by the violation of competition on the market and recognizing Agency decisions as irrefutable evidence in court. Joint liability for infringing entities and tailored rules for SMEs aim to balance accountability. These reforms signify critical steps toward EU integration, with continued monitoring expected as Montenegro progresses in adopting these standards.
A detailed overview provided by JPM’s Senior Associates Katarina Rosić and Luka Hajduković is available here.
