BDK Advokati’s partner Bisera Andrijašević and associate Marija Ksenija Popović authored the Montenegro chapter of the Chambers Practice Guide on Merger Control.
The Law and Practice section provides a comprehensive overview of Montenegro’s merger control framework, covering key aspects such as applicable legislation, enforcement authorities, notification requirements, authority’s approach to foreign-to-foreign transactions, joint ventures, third-party rights, confidentiality, cross-border cooperation, appeals, judicial review, and the authorities’ current competition concerns.
In the Trends and Developments article, Bisera Andrijašević discusses recent legal developments in Montenegro’s competition law, with a focus on merger control. She addresses critical issues such as the absence of a local nexus test in foreign-to-foreign transactions, the competition authority’s approach to market definition and assessment, uncertain timeframes for merger clearance, and challenges in enforcing competition rules against local companies for the actions of their foreign affiliates. The article also highlights concerns related to parallel administrative and misdemeanour proceedings for competition law infringements. Finally, we discuss the anticipated amendments to the Competition Act, which are expected to reshape not only the enforcement of merger control, but also the antitrust enforcement.
The Montenegrin chapter can be accessed via the following link: Chambers Practice Guide – Merger Control 2024: Montenegro.
