IP/N/1/MNE/O/9  
 
9 April 2013  
(13-1802)  Page: 1/24  
Council for Trade-Related Aspects  
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 
NOTIFICATION OF OTHER INTELLECTUAL PROPERTY LAWS AND  
REGULATIONS UNDER ARTICLE 63.2  
OF THE TRIPS AGREEMENT 
MONTENEGRO  
This document reproduces the text1 of the Law on Protection of Competition, as notified by 
Montenegro on 21 February 2013 under Article 63.2 of the Agreement (see document IP/N/1/MNE/1). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
AUTRES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE  
DE L'ARTICLE 63:2 DE L'ACCORD 
MONTÉNÉGRO  
Le présent document contient le texte1 de la Loi sur la protection de la concurrence, notifiée par le 
Monténégro le 21 février 2013 au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/MNE/1).  
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
 
OTRAS LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD INTELECTUAL 
NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2  
DEL ARTÍCULO 63 DEL ACUERDO 
M
ONTENEGRO  
En el presente documento se reproduce el texto1 de la Ley de Protección de la Competencia, 
notificado por Montenegro el 21 de febrero de 2013 en virtud de lo dispuesto en el párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/MNE/1).   
 
                                               
1 In English only. The text in Montenegrin is available for consultation at the WTO Secretariat on 
request./En anglais seulement. Le texte monténégrin peut être consulté, sur demande, auprès du Secrétariat 
de l'OMC./En inglés solamente. El texto en montenegrino se puede consultar, previa solicitud, en la Secretaría 
de la OMC.  IP/N/1/MNE/O/9 
 
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LAW ON PROTECTION OF COMPETITION 
 
("Official Gazette of Montenegro", No. 44/12) 
 
I. BASIC PROVISIONS 
 
Subject Matter 
Article 1 
 
This Law shall regulate the protection of competition in the market of Montenegro and other 
matters relevant to the protection of competition.   
Territorial scope of application   
Article 2 
 
This Law shall apply to acts and practices done in the territory of Montenegro and/or to acts and 
practices occurring as a consequence of acts or practices done outside its territory which have as their object or effect the distortion of competition in the territory of Montenegro.  
 
Personal scope of application  
Article 3 
 This Law shall apply to legal and natural persons en gaged in an economic activity and participating 
in the production of and  trade in goods and/or services in the territory of Montenegro (hereinafter 
referred to as the "undertakings"), as follows: 
 
1) Companies and other forms of engaging in an economic activity regardless of their 
registered office and natural persons regardless of their nationality and residence; 
2) Other entities who, directly or indirectly, on a lasting, occasional or one-off basis, 
engage in an economic activity and participate in the trade in goods and/or services, 
regardless of their nationality, registered office or residence (trade unions, business 
associations, sports organisations, institutions, cooperatives, intellectual property right holders etc.), and 
3) Public bodies, state administration bodies, local administration bodies and local self-
government bodies, when they engage in an economic activity directly or indirectly 
and participate in the trade in goods and/or services. 
 
Connected undertakings  
Article 4 
 
This Law shall apply to connected undertakings.  
 For the purpose of this Law, connected undertakings shall be two or more undertakings connected in such a manner that one undertaking controls  another undertaking or more undertakings. 
 
The control referred to in paragraph 2 above shall exist in the case when one undertaking holds in 
another undertaking: 
 
1) more than half the shares or participating interests, or 
2) more than half the voting rights, or 
3) the power to appoint more than half the me mbers of the management bodies or persons 
legally representing the undertaking, or 
4) decisive influence on management and running  of business operations of a company.  
 
For the purpose of this Law, connected undertakings shall be considered to be a single 
undertaking.   IP/N/1/MNE/O/9 
 
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  Activity of public interest  
Article 5 
 
This Law shall also apply to undertakings performing activities of public interest and to those to 
whom the right to perform a particular activity wa s conferred by an act of a competent public body 
insofar as the application of this Law would not considerably obstruct the performance of such activities.  
 
The burden of proof that the application of this Law can considerably obstruct the performance of 
the activity referred to in paragraph 1 above shall lie with the undertaking performing such activity.   
 
Relevant market  
Article 6 
 
For the purpose of this Law, relevant market sh all be the market comprising relevant product 
market in the relevant geographic market.  
 
A relevant product market comprises goods and/or services which are regarded as interchangeable 
or substitutable, by reason of those goods' and services' characteristics, their prices and their 
intended use.  
 
The relevant geographic market comprises the area  in which the undertakings are involved in the 
supply and demand under the same or similar conditions of competition which are appreciably 
different from the conditions of competition in the neighbouring areas.  
 Existence, degree and intensity of competition of goods and services shall be assessed in relation 
to a specific relevant market.  
 The criteria for and the method of determination of the relevant market shall be prescribed by the state administration body competent for economic affairs (hereinafter referred to as the 
"Ministry"). 
  
II. IMPAIRMENT OF COMPETITION IN THE MARKET  
  
1. Impairments 
 
Acts or practices 
Article 7 
 
For the purpose of this Law, the acts or practices impairing competition in the market are as follows: 
 
1) agreements preventing, restricting or distorting competition; 
2) abuse of dominant position, and 
3) concentrations preventing, restricting or distorting competition or free development of 
open market economy, and in particular, creation and/or strengthening of a dominant position in the market. 
 
The impairment of competition referred to in paragraph 1 items 2 and 3 above shall be established 
for a specific case on the basis of the level and dynamics of changes in the structure of the relevant market, restrictions and possibility of equal access to the market by new competitors, 
changes restricting the possibilities for market supply based on the level of benefits to consumers 
and other circumstances affecting impairment of competition. 
 IP/N/1/MNE/O/9 
 
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  2. Agreements 
 
Agreements Preventing, Restrict ing or Distorting Competition 
Article 8 
 
The acts the object or effect of which is or may be to prevent, restrict or distort competition in the relevant market shall be prohibited and shall be null and void, including written or verbal 
arrangements, agreements, contracts, single pr ovisions of agreements, explicit or tacit 
agreements, concerted practice, as well as decisions by associations of undertakings (hereinafter referred to as the "agreements"), which:  
1) directly or indirectly fix purchase or selling prices or any other trading conditions;  
2) limit or control production, market, technical development or investment;  
3) share markets or sources of supply; 
4) apply dissimilar conditions to equivalent transactions with different undertakings, 
thereby placing them at a competitive disadvantage; 
5) make the conclusion of agreements subjec t to acceptance by the other parties of 
supplementary obligations which, by their nature or according to commercial 
usage, have no connection with the subject of such agreements; 
6) impose the obligation to apply particular resale price or otherwise ensure the 
application of recommended resale price. 
 
Concerted practice referred to in paragraph 1 ab ove shall mean cooperation between undertakings 
which, without having concluded a formal or informal agreement, is aimed at coordination of 
business activities of competitors in the relevant market, which can be achieved by direct or 
indirect contact between undertakings and which is not a consequence of regular economic activity and independent operation of undertakings.  
 
Conditions for exemptions from prohibition  
Article 9 
 
The agreements referred to in Article 8 hereof may be exempted from prohibition if they contribute 
to improving the production or distribution of goods or services, or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit in the relevant 
market, provided that they: 
 
- impose only restrictions which are indispensable to the attainment of objectives of the 
agreements, and  
- do not afford such undertakings the possibility of eliminating competition in the 
relevant market or a substantial part thereof. 
 
Horizontal and vertical agreements  
Article  10  
 
Agreements which have as their object or effect  the prevention, restriction or distortion of 
competition may be horizontal and vertical.    
Horizontal agreements shall mean agreements between existing and/or potential undertakings 
operating at the same level of the production or distribution chain. 
 
Vertical agreements shall mean agreements on conditions of supply, purchase, sale or resale, 
between existing and/or potential undertakings oper ating at a different level of the production or 
distribution chain.  
Block Exemptions 
Article 11 
 
Conditions, procedure and criteria for exemptions by categories of agreements (hereinafter 
referred to as the "block exemptions") pursuant to  Articles 9 and 10 of this Law shall be specified 
by a regulation adopted by the Government of  Montenegro (hereinafter referred to as the 
"Government"). 
 IP/N/1/MNE/O/9 
 
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  The regulation referred to in paragraph 1 above sh all determine, in particular, the following:  
 
1) categories of agreements that may be exempted;  
2) restrictions and conditions that the agr eements referred in paragraph 1 above may 
not contain; 
3) other conditions that the parties to the agreement must fulfil and with which the 
agreements must comply and, in particular, the periods of validity of agreements 
and exemptions. 
 
The agreements fulfilling the conditions prescribed  for block exemption do not require the approval 
by the authority competent for competition affairs (hereinafter referred to as the "Agency").  
 
In case of initiating proceedings against a party to the agreement, the burden of proof that the 
agreement fulfils the applicable block exemption conditions shall lie with the party to the 
agreement. 
 
Individual exemptions 
Article 12 
 
On the request from a party to the agreement fo r an individual exemption, the Agency shall 
approve an individual exemption if the agreement fulfils the conditions laid down in Article 9 of this 
Law.  
 
The burden of proof that the conditions referred to in Article 9 of this Law have been fulfilled shall 
lie with the party applying for individual exemption.  
 The content and the manner of submitting the requ est for individual exemption shall be prescribed 
by the Ministry.  
 
Agreements of Minor Importance 
Article 13 
 
An agreement of minor importance shall me an an agreement between undertakings whose 
aggregate market share in the relevant market of products and services does not exceed:   
 
1) 10% market share, where the agreement is concluded between undertakings 
operating at the same level of production or trade (horizontal agreements); 
2) 15% market share, where the agreement is concluded between undertakings 
operating at different levels of production or trade (vertical agreements); 
3) 10% share on a relevant market for the agreements where it is not clearly defined 
whether those are horizontal or vertical agreements. 
 
The agreement referred to in paragraph 1 above shall be permitted unless it contains conditions referred to in Article 8 paragraph 1 items 1, 2 and 3 of this Law. 
 
 
3. Dominant Position 
 
Concept 
Article 14 
 
An undertaking has a dominant position in a relevant market if it has no competitors or has 
significant market power enabling it to restrict or prevent development of effective competition in the market of Montenegro or a part thereof, or if it has a significantly better position in relation to 
competitors enabling it to undertake business activities to a significant extent independently of its 
competitors, suppliers, buyers or end users, taking into account in particular the following:   
1) market share and market power; 
2) level of concentration of the market, market shares and market power of 
competitors; 
3) market dynamics in the past period; 
4) financial power; IP/N/1/MNE/O/9 
 
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  5) buyers' power; 
6) access to sources of supply and demand; 
7) links with other undertakings in the relevant and connected markets; 
8) legal or other barriers to entry for other undertakings; 
9) the ability of the undertaking to dictate market conditions considering its supply 
and demand. 
 
It is presumed that an undertaking has a dominant position in the market of products (goods or 
services), if its market share in the relevant market exceeds 50%. 
 
It is presumed that two or more undertakings have a dominant position in the market of goods 
and services if there is no significant competitio n between them and if their aggregate share in the 
relevant market exceeds 60% (collective domination).   
The burden of proof that an undertaking whose shar e in the relevant market is lower than 50%, or 
lower than 60% in case of collective domination, can have a dominant position in the market lies with the Agency.  
 
Abuse of a Dominant Position 
Article 15 
 
Abuse of a dominant position in the relevant market shall be prohibited. 
 The abuse of dominant position in the market shall be deemed to be:  
 
1) directly or indirectly imposing unfair purchase or selling prices or other unfair 
trading conditions;  
2) limiting production, markets or techni cal development to the prejudice of 
consumers;  
3) applying dissimilar conditions to equivalent transactions with other undertakings, 
thereby placing them at a competitive disadvantage;  
4) making the conclusion of contracts subject to acceptance of supplementary 
obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.  
 
 
4. Concentration of Undertakings 
 
Concept of concentration  
 
Article 16 
 
A concentration of undertakings shall be deemed to be:   
1)  the merger of two or more  independent undertakings or parts thereof in the 
relevant market; 
2)  the acquisition, by one or more natural persons already controlling at least one 
undertaking, or by one or more undertakings, of indirect or direct control of the 
whole or a part of another undertaking;   
3)  where two or more independent undertakings establish a new undertaking or 
acquire joint control of the existing undertaking which operates independently on a 
lasting basis and performs all the functions of an autonomous undertaking 
(hereinafter referred to as the "joint venture"). 
 
The control referred to in paragraph 1 items 2 and 3 above shall be deemed to be the possibility of 
exercising joint influence on the business operatio ns of an undertaking, by any legal or factual 
means referred to in Article 4 paragraph 3 of this Law. 
 
The existence of control referred to in paragraph 2 above shall be appraised by the Agency, taking 
into consideration relevant legal acts and other evidence but not the intention of interested parties. 
 IP/N/1/MNE/O/9 
 
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  Two or more transactions (acquisition of shares or of participating interests) between the same 
undertakings, pursuant to paragraph 1 item 2 above, implemented in the period of time of less than two years, shall be deemed to constitute one concentration.  
Acquisition of Control not Considered to be Concentration 
Article 17 
 
Acquisition of control shall not be considered to be concentration of undertakings when: 
 
1) a bank or other financial institution acquires shares or other securities in a certain 
undertaking on a temporary basis with a view to reselling them, provided that it sells 
them no later than 12 months from the date of acquisition and that during the period 
in which it disposes with such securities the ownership right is not used in order to influence undertaking's business decisions that concern the competitive behaviour of 
that undertaking  o r  p r o v i d e d  t h a t  i t  u s e s  s u c h  o w n e r s h i p  r i g h t  o n l y  w i t h  a  v i e w  t o  
preparing the sale of those securities or the assets of the undertaking;  
2) the control of an undertaking is acquired by a person performing the duty of 
bankruptcy or liquidation trustee pursuant to the law regulating bankrupcy or 
liquidation, and 
3) a joint venture has as its object the coordination of market activities between two or 
more undertakings that remain independent, where such joint venture shall be 
appraised pursuant to Article 9 of this Law.  
 On the request from the interested bank or other financial institution that demonstrates that the 
sale of securities was not reasonably possible within the period referred to in paragraph 1 item 1 
above, the Agency may extend such period for up to 6 months.   
Prohibited concentrations  
Article 18 
 
The concentrations creating a new dominant position or strengthening a dominant position of one 
or more undertakings, either separately or in combination, which may significantly affect 
prevention, restriction or distortion of effective competition in the relevant market, except if the parties to the concentration demonstrate that the concentration will benefit the consumers and 
that the effects of such concentration will be more significant than the negative effects of creation 
or strengthening of a dominant position.    
It shall be prohibited to implement a concentratio n without the approval referred to in Article 50 
paragraphs 1 and 3 of this Law.    
III. AGENCY FOR THE PROTECTION OF COMPETITION 
 
Establishing Agency 
Article 19 
 The Agency shall be established as an independent authority having legal personality and carrying 
out the tasks laid down in this Law.  
 The Agency shall, within the limits of its powers:  
1) monitor and analyse conditions of competition in the general market as well as in 
the markets of particular economic sectors; 
2) define research methods for competition; 
3) approve exemptions from the prohibition of certain agreements and approve 
concentrations of undertakings, under prescribed conditions and take decisions in other matters, in accordance with this Law; 
4) take measures against undertakings and associations of undertakings for 
impairment of competition in the market, or take measures with a view to preventing the occurrence of or termin ating the infringement and eliminating 
harmful effects for undertakings and consumers; IP/N/1/MNE/O/9 
 
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  5) give opinion on the enforcement of legislation in the field of protection of 
competition; 
6) prepare expert bases for drafting laws and secondary legislation; 
7) determine the amount of fee for decision-making in accordance with this Law, 
with the consent of the Government;   
8) conduct administrative procedure and take decisions in individual administrative 
matters;  
9) file request for initiating misdemeanour proceedings to the competent authority 
and/or issue misdemeanour orders in accordance with the law that regulates misdemeanours; 
10) give opinions regarding applicable legislation that affect or may affect competition 
and inform the public thereof; 
11) form expert and advisory bodies as requir ed for the implementation of this Law;  
12) cooperate with international and national organisations and institutions in the 
field of competition; 
13) develop activity report for the preceding year and a financial plan for each 
subsequent year; 
14) publish statistical data and keep records of approved and notified  
concentrations; 
15) control the implementation of measures imposed by decisions, and 
16) carry out other tasks in accordance with this Law. 
 
The Agency shall be obliged to publish its activity report for the preceding year and the annual financial statement including the auditor's report on its website.  
 
Status of the Agency 
Article 20 
 
The Agency shall be accountable for its operation to the Government.    The headquarters of the Agency shall be in Podgorica.  
 
The Agency shall be registered in the Central Registry of Business Entities.  
 
The Agency shall have its statute which shall regulate internal organisation, the powers and scope 
of work of the Agency, the manner of and procedur e for decision-making, adoption and publication 
of general acts and other issues relevant to the tasks of the Agency laid down in this Law.  
 
The statute of the Agency shall be subject to the Government's consent.   The statute of the Agency shall be published in the Official Gazette of Montenegro . 
 
Managing the Agency 
Article 21 
 
The Agency shall be managed by a Director.   
The Director of the Agency shall be appointed by the Government on a proposal from the Ministry 
for a term of four years.  The Director of the Agency shall have a deputy.  
 
The Deputy Director of the Agency shall be appoin ted by the Government for a term of four years. 
 
The Director or the Deputy Director of the Agency  may be a person who, additionally to general 
requirements laid down in the law, meets the following requirements:   
1) is a Montenegrin national and a resident of Montenegro;  
2) holds a university degree, and 
3) has at least five years of work experience.  
 IP/N/1/MNE/O/9 
 
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  The persons referred to in paragraphs 1 and 3 above may not be appointed more than twice 
consecutively.   The Director or the Deputy Director may not exercise the office of a Member of the Parliament or 
another public office or perform another activity as a professional or engage in other paid public or 
private work, with the exception of academic activities and work in scientific institutions.   
Powers of the Director 
Article 22 
 
The Director of the Agency shall have the power to:  
 
1) act on behalf of and represent the Agency;  
2) be responsible for the legality of operation of the Agency; 
3) organise and manage operations of the Agency, and 
4) adopt acts falling within the competence of the Agency. 
 
The Deputy Director of the Agency shall act as su bstitute for the Director of the Agency in his 
absence.   The Deputy Director of the Agency shall also perform other tasks ordered by the Director of the 
Agency.  
 
Dismissal of Director or Deputy Director  
Article 23 
 
The Government shall dismiss the Director and/or the Deputy Director of the Agency: 
 
1) on his personal request; 
2) if he was convicted of the offence that makes him improper for performing his 
duty;  
3) if his acts do not comply with the law, if he discharges his duty unprofessionally 
and unconscientiously; 
4) if his conduct and work call into question the independence and reputation of the 
Agency; 
5) if he permanently loses the capacity to discharge his duty, and 
6) if he is elected to or commences exercising another office or the activity 
incompatible with his duty in the Agency. 
 
The rights and obligations of the Agency staff shal l be governed by the legislation regulating the 
status and salaries of civil servants and state employees.  
 
Financial resources 
Article 24 
 
The resources necessary for the operation of the Agency shall be provided form:  
 
1) the fees paid to the Agency in accordance with this Law; 
2) the budget of Montenegro; 
3) donations, and  
4) other sources in accordance with the law.  
 
The Agency may not receive donations from the undertakings to which this Law applies.   
Fees shall be charged in the proceedings before the Agency. 
 The fees referred to in paragraph 3 above shall be determined in the tariff of fees to be adopted by 
the Agency, with the consent of the Government.    
 The tariff referred to in paragraph 4 above shall be published in the Official Gazette of Montenegro .  
 IP/N/1/MNE/O/9 
 
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  Financing of the Agency  
Article 25 
 
The Agency shall be financed in accordance with a financial plan to be adopted by the Agency.   
 
The financial plan shall be submitted to the Government for consent at the latest by November 1 of the current year for the following year.  
 
The financial plan shall lay down total income and expenses of the Agency.    Total expenses of the Agency covered by a financial plan may not exceed necessary costs required 
for the successful enforcement of the law.  
 Excess of income over expenses of the Agency sh all be contributed to the budget of Montenegro. 
 
The annual financial statement of the Agency shall be subject to an annual audit by an independent certified auditor designated in accordance with the law.  
 
The Agency shall be obliged to submit the annual financial statement with auditor's report referred to in paragraph 6 above to the Government by the end of the second quarter of the current year.  
 
The Agency shall be obliged to submit within the time limit referred to in paragraph 7 above to the 
Government and the Parliament of Montenegro the activity report for the preceding year for adoption.   
 
 
IV. PROCEEDINGS BEFORE THE AGENCY  
 
1. Conduct of proceedings  
 
Application of the rules of gene ral administrative procedure  
and misdemeanour proceedings  
Article 26 
 
In the proceedings before the Agency, the provisions  of the laws regulating general administrative 
procedure and misdemeanour proceedings shall apply to issues not regulated by this Law.  
 
Parties to the proceedings  
Article 27 
 
A party to the proceedings before the Agency shall be: 
 
1) an undertaking which filed a request for issuance of the approval for 
implementation of a concentration or the request for individual exemption of the 
agreement from prohibition;  
2) an undertaking against whom investigation has been initiated. 
 
 
The persons submitting initiative for investigation into the impairment of competition, persons providing information, documents, data, profession als and other interested persons, organisations 
whose analyses are used in the proceedings, in cluding also public bodies and organisations 
cooperating with the Agency during the proceeding s shall not have the status of the party referred 
to in paragraph 1 above.  
Initiating proceedings ex officio   
Article  28 
 
The Agency shall initiate the procedure for investigation into impairment of competition ex officio 
and when it reasonably presumes the existence of impairment of competition on the grounds of submitted initiatives, information, documents and other available information.   
The Director of the Agency shall adopt conclusion on initiating the proceedings.   IP/N/1/MNE/O/9 
 
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The proceedings shall be deemed initiated on the da te of service on the party of the conclusion on 
initiating the proceedings.  
The conclusion on initiating the proceedings contains: 
 
1) description of the practices or acts that may constitute impairment of competition;  
2) reasons and legal basis for initiating the proceedings; 
3) invitation to all natural and legal persons to submit to the Agency data, documents 
or information that may be relevant for proper and full determination of facts in the proceedings. 
 
The conclusion referred to in paragraph 2 above shall be published in the Official Gazette of 
Montenegro  and on the website of the Agency.  
 
Initiating proceedings upon the party's request  
Article  29 
 
The proceedings for the issuance of the approval fo r implementation of a concentration, as well as 
the proceedings for individual exemption shall be initiated upon the request of the party.   
Summary proceedings   
Article  30 
 
The Agency may adopt the decision immediately, without conducting investigation, if the party in 
its request for issuance of the approval for implementation of a concentration supplied facts or submitted evidence on the basis of which it is po ssible to determine that the notified concentration 
fulfils all admissibility requirements on the basis of criteria referred to in Article 54 of this Law or if 
such state of play can be established on the basi s of generally known facts or the facts known to 
the Agency, except if the conditions for investigating concentration ex officio  are established or 
met.  
 
Investigation  
Article 31 
 
Necessary evidentiary actions with a view to properly establishing facts shall be taken in the investigation procedure, including in particular taking statements from the parties, witnesses, 
conducting expert examinations, obtaining data, documents and items, collecting information 
through inspection and temporarily seizing items.   Investigation shall be conducted by the authoris ed persons of the Agency, designated by the 
Director of the Agency on a case-by-case basis.  
 
Collecting information through inspection  
Article 32 
 
If for the purpose of collecting information in the proceedings before the Agency it is necessary to 
conduct inspection of business premises, land or vehicles of the party or another participant in the 
proceedings, the Director of the Agency shall adopt conclusion on conducting inspection.  
 When conducting inspection referred to in paragrap h 1 above, the authorised person of the Agency 
has the right to:  
 
1)  enter and inspect business premises, vehicles, land and other places where the 
party or another undertaking engages in economic activities or performs other 
business activities which are likely to infringe this Law; 
2)  examine business records and other documents;  
3)  copy or scan business documentation, and if that is not possible for technical 
reasons, to temporarily seize business documentation for the period necessary to make copies thereof; 
4)  seal any business premises and business documents during the inspection to the 
extent necessary for the implementation thereof; IP/N/1/MNE/O/9 
 
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  5)  take statements from the representative of the party or its employees, as well as 
the documents on the facts which relate to the subject-matter of inspection and to make a record thereof, and if a written statement is necessary, to set the date by which such statement must be presented, and 
6)  perform other activities in accordance with the objectives of the investigation. 
 The person who is not a party to the proceedings shall be obliged to allow inspection referred to in 
paragraph 1 above if there is a reasonable suspicion that the economic activity or the items 
necessary for decision making in the proceedings, is performed or are located in its buildings or 
premises.    
Upon the request of the Agency, in the cases of obstructing or non-compliance with the orders of 
authorised persons in the execution of actions referred to in this Article, the administration body competent for police affairs shall be obliged to provide assistance in the execution of certain 
actions in the proceedings and in particular in collecting information through inspection and 
temporarily seizing items in accordance with the law regulating powers and actions of the police.    
Official identification card 
Article 33 
 
The authorised persons of the Agency taking actions within the investigation shall have an official 
identification card, while other persons shall show special authorisation to conduct inspection in 
the procedure of gathering evidence.      
The official identification card and the authorisation referred to in paragraph 1 above shall be 
issued by the Director of the Agency.   
The form and the content of the official identifica tion card and of special authorisation referred to 
in paragraph 1 above shall be prescribed by the state administration body competent for public 
administration affairs.   
Privileged Communication 
Article 34 
 
The exchange of documents, information, data  and other forms of communication between the 
party against whom the proceedings are conducted and its attorneys who are not employees of the party, to the extent directly relevant to the proceedings conducted before the Agency, shall be 
permitted (hereinafter referred to as the "privileged communication").  
 The communication referred to in paragraph 1 above shall be confidential and may not be used as evidence in the proceedings.  
 
If the abuse of privileged communication is susp ected, the Agency may examine its content and/or 
adopt a conclusion on not recognising communication as privileged regarding its particular forms.        
 
Notice of established facts, circumstan ces and conclusions in the proceedings  
Article 35 
 
Before it makes a final decision, the Agency shall be obliged to deliver to all the parties against whom the proceedings have been initiated a writte n notice of established facts, circumstances and 
conclusions in the proceedings.  
 
The party against whom the proceedings have been initiated shall have the right to object to the 
notice referred to in paragraph 1 above, within a period which may not be shorter than 15 days 
from the day of receiving the notice.    
 In the objection referred to in paragraph 2 above, the party may propose hearing additional 
witnesses and presenting supplementary evidence.  
 Upon the request of the person submitting initiati ve, the Agency may submit the notice referred to 
in paragraph 1 above which does not contain protected information, with an instruction advising IP/N/1/MNE/O/9 
 
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  him of his right to submit his written observation to the Agency within 15 days from the day of 
receiving the notice.      The Agency may submit the notice referred to in paragraph 4 above to a third party at his request, 
if he demonstrates that his rights or legal interests are determined in the proceedings before the 
Agency.   
Oral hearing 
Article 36 
 The Agency shall decide without holding an oral hearing, unless it finds on a reasoned request 
from the party or at its own discretion during the proceedings that it is necessary to hold an oral 
hearing.   
The proceedings before the Agency in which an oral hearing is held shall be closed to the public for 
the purpose of protecting official and business secret.  
 
Cooperation with the Agency  
Article 37 
 
Public bodies, state administration bodies, loca l administration bodies, local self-government 
bodies and other legal persons, exercising public  powers, shall be obliged to provide, on the 
request from the Agency, free of charge, all data necessary in the process of decision-making by 
the Agency in accordance with this Law, including data which may constitute business secret, as 
well as other confidential data within a period which may not be shorter than 15 days from the day 
of submitting the request.   
The Agency shall be obliged to handle data referred to in paragraph 1 above in accordance with 
the legislation regulating data confidentiality,  personal data protection and protection of 
unpublished data.  
In case of denying, late or incomplete delivery of data referred to in paragraph 1 above, the 
Agency may inform the authority supervising operation of the body referred in paragraph 1 above and/or request taking of necessary measures with  a view to collecting the requested data.    
 
Protected information 
Article 38 
 
Upon the request of the person who submitted the initiative for investigating impairment of competition or a third person who submitted and/ or made available the requested information in 
the proceedings, the Agency may impose a measure of protection of the source of information or 
specific information (hereinafter referred to as the "protected information"), if it assesses that the 
request of the applicant is justified and more important than the need to inform the public of the subject of such request.  
 
The person referred to in paragraph 1 above shall be obliged to demonstrate that it is likely that the damage will arise from disclosing the source of information and/or the content of information 
the request relates to.  
 The Agency shall be obliged to ensure the protec tion of information referred to in paragraph 1 
above.  
 
The conclusion on the protection of the source of information and protection of information shall be adopted by the Director of the Agency.  
 
Protected information shall not have the status of information of public importance within the meaning of the law regulating free access to information of public importance.  
 IP/N/1/MNE/O/9 
 
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  Request to supply data and documents  
Article 39 
 
Upon the request of the Agency, the undertakings and other legal and natural persons shall be 
obliged to supply, within 15 days from the day of receiving the request, data and documents 
relevant to establishing the facts in the proceedings conducted in accordance with this Law.    
The authorised person of the Agency may, when carrying out inspection in the undertaking's 
premises or taking statement from the responsible persons in the legal person, order that the documents and data be supplied within a set period of time.   
The person to whom the request was submitted shall not have the right to invoke business secret 
as a reason for refusing to disclose ce rtain data or to give documents.  
 
Sectoral analyses 
Article 40  
 
In cases when the price movements or other circum stances indicate the possibility of prevention, 
restriction or distortion of competition, the Agency may analyse the state of competition in a particular economic sector or analyse particular categories of agreements in different economic sectors (hereinafter referred to as the "sectoral analyses"). 
 
With a view to carrying out sectoral analyses referred to in paragraph 1 above, the Agency may request the undertakings to submit all necessary data and/or documents and may carry out any 
necessary research. 
 The Agency may request the undertakings to supply all agreements, decisions, notices or data with 
a view to establishing the existence of concerted practice.  
 The Agency shall post reports on sectoral analyses carried out on its website. 
 
Service of process 
Article 41 
 
In the proceedings against undertakings considered  to be connected undertakings in accordance 
with Article 4 above, service on one undertaking shall be deemed to be service on all connected 
undertakings.  
 
2.  The acts of the Agency 
 
Decision in case of prohibited agreements 
Article 42 
 
When the Agency finds that an agreement preven ts, restricts or distorts competition in the 
relevant market within the meaning of Article 8 of this Law, it shall prohibit the enforcement of 
such agreement by means of decision.   
By decision referred to in paragraph 1 above, the Agency shall order the parties to the proceedings 
to fulfil specific conditions or take specific measures referred to in Article 59 of this Law proportionate to the infringement committed, with a view to eliminating harmful effects and establishing effective competition in the market, as well as the time limits for the performance 
thereof.  
 
Decision on the abuse of dominant position 
Article 43 
 
When the Agency finds the abuse of dominant posi tion referred to in Articles 14 and 15 of this 
Law, it shall by means of decision:  
 
1) establish dominant position of an undertaking and the practice of an undertaking in 
the relevant market abusing dominant po sition and preventing, restricting or 
distorting market competition, as well as the duration of the abusive practice; IP/N/1/MNE/O/9 
 
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2) prohibit the parties to the proceedings practices and actions abusing dominant 
position, and  
3) order measures referred to in Article 59 of this Law and time limits for their 
implementation.  
 
Interim Measures 
Article 44 
 
If the practices or acts which are subject to the proceedings pose a risk of irreparable damage to 
persons whom such practices and acts directly co ncern, the Agency may order interim measure to 
cease such practices or enforcement of such acts and/or obligation to take actions or refrain from actions preventing or eliminating their harmful effects.  
 
Interim measure referred to in paragraph 1 above sh all be ordered by the Director of the Agency 
by conclusion.  
 
Interim measure referred to in paragraph 1 above may last until the decision of the Agency in those proceedings is adopted.  
 
Accepting commitments 
Article 45 
 
During the proceedings and no later than 30 days from the day of delivering notice to the party 
referred to in Article 35 of this Law, the party to the proceedings may propose to the Agency measures, conditions and time limi ts to remove adverse effects of its acts or omissions to act.  
 
If the Agency finds that the proposed measures, conditions and time limits referred to in paragraph 1 above are sufficient to re-establish effective competition in the market, it may, by decision, order implementation of the proposed measures, as well as the conditions and time limits 
for their implementation.  
 By decision referred to in paragraph 2 above, the Agency shall also set a time limit by which the 
party is obliged to submit evidence that the or dered measures and conditions were complied with 
within time limits set in the decision.   
The Agency shall accept the measures, conditions and time limits referred to in paragraph 1 above 
provided that:   
1) the impairment of competition lasted for a short time; 
2) the party to the proceedings fully cooperates with the Agency; 
3) the proceedings include a large number of parties, and 
4) the cost-effectiveness of the proceedings is ensured.  
 
The Agency may not accept measures, conditions and time limits referred to in paragraph 1 above, if the party to the proceedings generated considerable profit by the impairment of competition in 
question.  
 The Agency shall be obliged to re-open the proceedings of establishing infringement if it is established through control that the measures re ferred to in paragraphs 2 and 3 above are not 
implemented in the manner and within time limits set in the decision referred to in paragraph 2 
above or if there has been a material change in any of the circumstances on which the decision was based and/or if the decision was based on incorrect or false information.  
 
 IP/N/1/MNE/O/9 
 
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  3.  Exemption proceedings 
 
Assessment of Block Exemption 
Article 46 
 
The Agency may, ex officio  or upon the request of an interested party, initiate proceedings for 
exemption from prohibition referred to in Article 11 of this Law.  
 
If it is established in the proceedings referred to in paragraph 1 above that the agreement does 
not fulfil the conditions referred to in Articles 9 and 11 of this Law, the Agency shall prohibit or restrict the application of block exemption.   
 
Approval of Individual Exemption 
Article 47 
 
The Agency shall adopt a decision on the exemptio n referred to in Article 12 of this Law within 
120 days from the day of receipt of complete request.   
 
The Agency shall reexamine the exemption refe rred to in paragraph 1 above which has been 
approved, if it establishes that:  
1) the decision was based on incomplete or incorrect information;  
2) material conditions on the market  have changed substantially, and 
3) one of the parties to the agreement does not comply with the measures ordered by 
the Agency.  
 
Annulment, Revocation or Amendments to Individual Exemption 
Article 48 
 
If the Agency finds infringement referred to in Article 47 paragraph 2 of this Law, it shall: 
 
1) revoke or amend the decision granting exem ption, if the conditions on the market 
based on which the exemption was granted have changed substantially, or   
2) annul the decision granting exemption, if the exemption is based on incomplete or 
incorrect data and information, the measures ordered by the Agency are not complied with, or if the exemption is being abused. 
 
Obligations and duration of individual exemption 
Article 49 
 
The decision granting individual exemption may contain obligations and prohibitions.  
 An individual exemption shall be granted for a period of up to five years.   
 
The Agency may extend the time period for an individual exemption upon the request of the 
parties to the agreement which shall be filed no later than four months before the expiration of the 
period for which the exemption referred to  in paragraph 2 above was granted.  
 Upon the request of the parties to the agreement, an individual exemption may be extended for an 
additional period of up to five years, provided that the agreement fulfills the conditions referred to 
in Article  9 of this Law. 
 The time period referred to in paragraphs 2 and 4 above shall start to run from the day of adoption 
of the decision by the Agency.  
  IP/N/1/MNE/O/9 
 
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  4. Appraisal of Concentrations 
 
Concentrations, information, obligation to notify and calculation of turnover 
Article 50 
 
The concentration referred to in Article 16 of this  Law shall be implemented only on the basis of 
the approval which is issued by the Agency upon the request of the undertakings. 
 
The request referred to in paragraph 1 above shall be submitted provided that:  
1) the combined aggregate annual turnover of at least two parties to the concentration 
achieved in the market of Montenegro exceeds 5 million euros in the preceding 
financial year; or  
2) the combined aggregate annual worldwide turnover of the parties to the concentration 
achieved in the preceding financial year exceeds 20 million euros, if at least one party 
to the concentration achieved one million eu ros in the territory of Montenegro in the 
same period. 
 
The Agency may, after it learns of the concen tration implemented, order the parties to the 
concentration to submit the request for issuan ce of the approval for implementation of a 
concentration if their combined market share in the relevant market of Montenegro exceeds 60%.  
 
The burden of proof of the combined market share of the parties to the concentration shall lie with 
the Agency. 
 
Intra-group turnover of the parties to the concentration shall not be taken into account when calculating the combined aggregate annual turnover referred to in paragraph 2 above.  
 
Calculation of Sum of Income of Ba nks, Insurance Companies and Other  
Financial Institutions 
Article 51 
 
In the procedure of appraisal of concentrations involving banks, insurance companies and other financial institutions, as parties to concentrations, the sum of income referred to in Article 50 
paragraph 2 of this Law, shall be calculated on the basis of the total income from their ordinary 
business operations in the financial year preceding the year in which the concentration is implemented, as follows: 
 
1) for banks and other financial institutions, the sum of the following items of 
income shall be used, after deduction of direct taxes related to them: 
 
a) income from interest rates and similar income;  
b) income from securities which includes:  
- income from shares and other variable yield securities;  
- income from participating interests in business entities and 
- income from shares in affiliated business entities; 
c)  commissions receivable;  
d)  net profit on financial operations and  
e)  other operating income; 
 
2) for insurance companies that perform insurance or re-insurance activities, the 
total value of gross premiums, after the deduction of taxes and parafiscal 
contributions charged by reference to th e amounts of individual premiums or 
the total volume of premiums. 
 
Request for issuance of the approval for implementation of a concentration  
Article 52 
 
The procedure for issuance of the approval for impl ementation of a concentration shall be initiated 
on the basis of the request of the party to the concentration to be submitted to the Agency.   
 IP/N/1/MNE/O/9 
 
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  The request referred to in paragraph 1 above sha ll be submitted no later than 15 days from the 
first of the following actions:  
1) conclusion of the agreement or contract; 
2) announcement of the public call, or bi d or closing of the public bid, or 
3) the acquisition of control. 
 
The request referred to in paragraph 1 above may also be submitted  when the undertakings  
demonstrate a serious intention to conclude an agreement, by signing a letter of intent, by announcing the intention to make a bid or in another manner preceding an action referred to in paragraph 1 above. 
 
When the control over the whole or parts of one or more undertakings is acquired by another undertaking, the request shall be submitted by th e undertaking acquiring the control, whereas in 
case of joint venture all undertakings concerned shall submit a joint request. 
 The undertakings making public bid pursuant to the law regulating takeover of joint stock 
companies shall be obliged to inform the Agency of the public bid, in case of acquisition of control 
referred to in Article 4 paragraph 3 of this Law.   The content and the manner of submitting request for issuance of the approval for implementation 
of a concentration shall be prescribed in more detail by the Ministry.   
 
Publication of the Request for Approval of a Concentration  
Article 53 
 
The Agency shall be obliged to publish the information contained in the request for issuance of the 
approval for implementation of a concentration in the Official Gazette of Montenegro , including but 
not limited to:  
1) the names of the undertakings parties to the concentration; 
2) nature and manner of the concentration, and  
3) economic sector within which the concentration is implemented. 
 
Criteria for the Appraisal of a Concentration 
Article 54 
 
The Agency shall decide on the approval of th e concentration by appraising the effects of 
concentration on prevention, restriction or distor tion of effective competition in the market of 
Montenegro, and in particular on creation or strengthening of a dominant position.   
 
The appraisal referred to in paragraph 1 above shall be based on the following criteria:  
 
1) the structure and concentration level of the relevant market; 
2) actual and potential competitors; 
3) market position of the parties to the concentration and their economic and financial 
power; 
4) alternatives available to suppliers and users; 
5) legal and other barriers to entry into the relevant market; 6) level of internal and international competitiveness of the parties to the concentration; 7) supply and demand trends for the relevant goods and/or services;  
8) trends of technical and economic development and 
9) the interests of consumers. 
  
In addition to the request for issuance of the a pproval for implementation of a concentration, the 
parties to the concentration shall submit to the Agency, as a part of their notices, the documentation relevant to the determination of the facts referred to in paragraphs 1 and 2 above.  
 IP/N/1/MNE/O/9 
 
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  Initiation of proceedings concerning  the appraisal of a concentration  
Article 55 
 
The proceedings for the appraisal of a concentrat ion shall commence on the date of receipt of 
complete request for issuance of the approval for implementation of a concentration.  
 The provisions of Article 28 paragraphs 2, 3 and 4 and Articles 29 to 41 of this Law shall apply in 
the procedure for appraisal of a concentration.   
 
Deciding upon the request for issuance of the approval  
for implementation of a concentration  
Article 56 
 
In the proceedings upon the request for issuan ce of the approval for implementation of a 
concentration, the Agency shall: 
 
1) reject the request for approval of concentration if the conditions referred to in 
Article 50 of this Law are not fulfilled; 
2) discontinue the proceedings if the applicant withdraws the request; 3) approve concentration if the appraisal of the effects based on criteria referred to in 
Article 54 of this Law determines that such concentration does not prevent, restrict or 
distort effective competition to a significant extent primarily by creating or 
strengthening a dominant position in the market.  
4) approve concentration while ordering some supplementary measures, conditions and 
obligations which must be complied with by the parties to the concentration prior to or 
following the implementation of the concentration; 
5) reject the request if the appraisal of the effects based on criteria referred to in 
Article 54 of this Law determines that such concentration would significantly impede 
effective market competition in the relevant market and particularly by creating a new dominant position or strengthening an existing dominant position. 
 
The parties to the concentration shall be obliged to suspend the implementation of concentration 
until the Agency adopts the decision approving the intended concentration or until the expiration of time limits referred to in Article 62 paragraph 3 of this Law.  
 
By way of exception from paragraph 2 above, the parties to a concentration may continue implementation of public sale in accordance with the law,  provided that the undertaking taking 
over or acquiring control does not exercise its voting rights following the subscription of the shares 
or participating interests or does so only to maintain the value of the company taken over until the Agency issues the decision.   
Upon a reasoned proposal of the acquirer for the purpose of protection of its rights or the assets of 
the company taken over referred to in paragraph 3 above, the Agency may decide on the request 
for issuance of the approval for implementation of a concentration in an urgent procedure. 
 
The Agency shall annul the decision approving concentration if the decision was taken on the basis of incorrect or false information and facts.  
 
Conditional approval of concentration 
Article 57 
 
If the Agency assesses that the implementation of a concentration would prevent, restrict or 
distort competition, it shall inform the applicant who submitted the request for issuance of the approval for implementation of a concentration of important facts, circumstances and conclusions 
on which the decision will be based so that the applicant can submit its observations. 
 In its observations referred to in paragraph 1 above, the applicant may propose measures it will 
implement pursuant to Article 56 paragraph 1 item 4 of this Law in order not to prevent, restrict or 
distort competition by the implementation of concentration.   If the Agency establishes that the proposed measures do not prevent, restrict or distort 
competition, it shall adopt the decision approving concentration and order implementation of IP/N/1/MNE/O/9 
 
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  measures and time limits for the implementation thereof, as well as the manner of control of the 
implementation of measures.  The Agency shall revoke the decision conditionall y approving concentration if the parties to the 
concentration do not implement measures referred to in paragraph 3 above.   
 
Measures for eliminating the effect s of prohibited concentration  
Article 58 
 
In case of implementation of concentration with out the approval of the Agency referred to in 
Article 50 paragraph 1 of this Law or a concentration implemented in contravention of the approval 
of the Agency referred to in Article 57 paragrap h 3 of this Law, the Agency may by means of 
decision adopt necessary measures and set the time limits for the implementation of such measures. 
 
By decision referred to in paragraph 1 above, in a ccordance with Article 59 of this Law, the Agency 
may, in particular:  
 
1) order the disposal of acquired shares or participating interests in a company;  2)  prohibit or limit the exercise of voting rights in respect of the shares or 
participating interests in business entities by the parties to the concentration, 
and order to end the control of a joint venture or other forms of acquisition of 
control referred to in Article 16 of this Law, which lead to prohibited concentration. 
 
Behavioural and structural remedies 
Article 59 
 
By the decision establishing the impairment of competition the Agency may impose measures for removing the established impairment of competitio n or for preventing occurrence thereof or similar 
infringement and undertaking particular action or prohibition to undertake particular action 
(behavioural remedies). 
 The remedies referred to in paragraph 1 above must be proportionate to the gravity of the 
infringement committed and directly related to the acts or practices that caused the infringement.  
 If the existence of impairment of competition and a substantial risk of repeating the same or 
similar infringement as direct consequence of the structure of the undertaking has been 
established, the Agency may impose a remedy aime d at changing the structure of the undertaking 
with a view to removing such risk (structural remedies), or restoring the structure which existed before the occurrence of established infringement. 
 
Structural remedy shall only be imposed if it is not possible to impose equally or similarly effective behavioural remedy or if imposing behavioural remedy would be more burdensome for the 
undertaking than the specific structural remedy, or if a previously imposed behavioural remedy in 
respect of the same infringement was not fully implemented.   
The structural remedies referred to in paragraph 3 above, may be measures of selling (transfer or 
disposal) the existing company, a part thereof or a group of companies to other persons who are not connected to the undertaking whom these measures concern; termination of the agreement on joint venture and establishment of a company; terminating personal connection (management 
bodies and decision-making bodies in a company) as well as other measures in accordance with 
the law.  
 
5. Procedural fines  
 
Periodic Fines 
Article 60 
 
The Agency shall impose on an undertaking which did not comply with the obligations ordered by conclusion a periodic fine in the amount from EUR 500 to EUR 5,000 for each day of non-IP/N/1/MNE/O/9 
 
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  compliance with the imposed obligations, and up to 3% of aggregate turnover achieved in the 
financial year preceding the year in which the proceedings have been initiated, if:   1) the undertaking fails to comply with the request of the Agency to supply or 
communicate required data or if it supplies or communicates incorrect, incomplete or 
false information referred to in Articles 39, 40 and 63 of this Law; 
 
 2)  the undertaking fails to comply with an  interim measure referred to in Article 44 of 
this Law; 
 
3)  the undertaking designates data or documentation as privileged communication in 
contravention of Article 34 of this Law; 
 4)  the authorised persons or employees ob struct or otherwise prevent the authorised 
persons of the Agency to undertake actions referred to in Article 32 of this Law, and in 
particular with a view to concealing or destroying documents; 
 
The amount of periodic fine and the time limit fo r payment shall be determined by the Agency by 
conclusion.   The time limit for starting to pay periodic fine may not be longer than 15 days from the day of 
receipt of conclusion determining periodic fine.  
  
6. Decisions of the Agency 
 
Publication of decision of the Agency 
Article 61 
 
The operative part of the decision referred to in Articles 42, 43, 56 paragraph 1 item 5 and Article 58 of this Law shall be published in the Official Gazette of Montenegro  and on the website of 
the Agency.   
 
Time limits for adopting decisions 
Article 62 
 
The Agency shall adopt decisions referred to in Articles 42 and 43 of this Law within 24 months 
from the day of service of the conclusion on initiating proceedings.  
 The time limit referred to in paragraph 1 above may be extended for a maximum additional 24 months if the decision has not been adopted for justified reasons within the time limit referred 
to in paragraph 1 above.  
 The Agency shall decide upon the request referred to in: 
 
1) Article 56 paragraph 1 item 1 of this Law, within 25 working days from the day of 
submitting the request; 
2) Article 56 paragraph 1 item 2 of this Law, within 25 working days from the day of 
withdrawing the request; 
3) Article 56 paragraph 1 item 3 of this Law, within 105 working days from the day of 
submitting complete request; 
4) Article 56 paragraph 1 item 4 of this Law, within 125 working days from the day of 
submitting complete request; 
5) Article 56 paragraph 1 item 5 of this Law, within 130 working days from the day of 
submitting complete request. 
 If the Agency fails to adopt decision within the time limit referred to in paragraphs 1 and 2 above, 
the proceedings shall be discontinued.  
 If the Agency fails to adopt decision within the time limits referred to in paragraph 3 above, the request for issuance of the approval for implem entation of a concentration shall be deemed 
granted.    IP/N/1/MNE/O/9 
 
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Control of the enforcement of decision  
Article 63 
 
The Agency may request the undertaking to submit a report on the compliance with obligations, 
measures, conditions and time limits ordered by a decision based on this Law.   
 
V. LEGAL PROTECTION 
 
Complaint in the administrative dispute 
Article 64 
 
Administrative dispute may be instituted against decisions and conclusions adopted by the Agency 
in proceedings conducted pursuant to this Law.  
 
Compensation for Damage 
Article 65 
 
The compensation for damage caused by the acts and practices constituting impairment of competition established by decision of the Agency in  accordance with this Law shall be exercised in 
a civil suit before competent court. 
  
VI. SUPERVISION 
 
Article 66 
 
The supervision of the enforcement of this Law an d regulations adopted on the basis of this Law 
shall be carried out by the Ministry.  
 
VII.  PENAL PROVISIONS 
 
Misdemeanours 
Article 67 
 
A fine in the amount from 1% to 10% of aggregate annual turnover in the financial year preceding 
the year in which a misdemeanour was committed shall be imposed on an undertaking if the undertaking:  
1) negotiates the conclusion of, concludes or enforces an agreement preventing, restricting 
or distorting competition (Article 8 paragraph 1); 
2) engages in the practice of abuse of a dominant position (Article 15);  
3) implements prohibited concentration (Article 18); 
4) does not suspend implementation of concentration until the Agency adopts decision 
approving intended concentration (Article 56 paragraph 2); 
5)  does not comply, fully or partially, with the measures, conditions and time limits imposed 
by decision (Articles 57, 58 and 59). 
 
A fine in the amount from 1 000 euros to 4 000 eu ros shall also be imposed on the responsible 
person in an undertaking, as well as on the responsible person in a public body, state 
administration body, local administration body and local self-government body, if such body acts as an undertaking, for misdemeanours referred to in paragraph 1 above. 
 
 
Article 68 
 
A fine in the amount from 4 000 euros to 40 000 euros shall be imposed on an undertaking for 
misdemeanour if the undertaking fails to submit  the request for issuance of the approval for 
implementation of a concentration within the period specified in Article 52 of this Law.  
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  A fine in the amount from 1 000 euros to 4 000 eu ros shall also be imposed on the responsible 
person in an undertaking for misdemeano ur referred to in paragraph 1 above.  
 
 
Special powers of the Agency 
Article 69 
 
Against a party to the agreement referred to in Article 8 of this Law who in the proceedings 
conducted before the Agency enables finalisation of the proceedings and adoption of the decision regarding infringement referred to in Article 8 of this Law, the Agency may decide not to submit 
the request for initiating misdemeanour proceedings or withdraw the request already submitted or 
propose to the court during the proceedings more lenient punishment of the party to the 
agreement referred to in Article 8 of this Law, if the party to the agreement:  
1) is the first to report to the Agency the existence of the agreement and submits valid 
evidence; 
2) submits evidence of the existence of the agr eement referred to in Article 8 of this Law 
to the Agency which at that moment had some knowledge thereof but did not have 
sufficient evidence; 
3) reports existence of another prohibited agreement it is a party to or has immediate 
knowledge of, of which it has supplied evidence. 
 
The provisions of paragraph 1 above shall not appl y to a party to the agreement who initiated or 
organised conclusion or enforcement of the agr eement referred to in Article 8 of this Law. 
 
The Agency may, applying analogously the law regulating misdemeanour proceedings, propose to the party to the agreement referred to in Article 8 of this Law to conclude the agreement on 
admission of guilt.  
 
Limitation period for initiating misdemeanour proceedings  
Article 70 
 
The proceedings for establishing impairment of comp etition referred to in Articles 67 and 68 of this 
Law may not be initiated if two years elapse from the day when the misdemeanour was 
committed.  
 Prosecution shall become barred by lapse of time in any case when four years elapse from the 
day when the misdemeanour was committed. 
 
 
VIII.  TRANSITIONAL AND FINAL PROVISIONS 
 
Time limit for appointing the Director of the Agency  
Article 71 
 
The Government shall appoint the Director of the Agency within 90 days from the day of entry of 
this Law into force.   
 
Until the Director of the Agency is appointed, the duties of the Director shall be discharged by the 
Director of the Administration for Protection of Competition.   
Dissolution of the Administration for Protection of Competition 
Article 72 
 
Until the Agency is registered in the Central Regist ry of Business Entities, the tasks of protection of 
competition shall be carried out by the Admi nistration for Protection of Competition. 
 
The Administration for Protection of Competition shall be dissolved on the day of registration of the 
Agency in the Central Registry of Business Entities.  On the day of its registration in the Central Registry of Business Entities the Agency shall take over 
fixed assets, existing documentation and staff of th e Administration for Protection of Competition. IP/N/1/MNE/O/9 
 
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Proceedings in progress 
Article 73 
 
The proceedings initiated before the entry into force of this Law shall be finalised in accordance 
with the law pursuant to which they were initiated.   
 
Secondary legislation  
Article 74 
 
Secondary legislation implementing this Law shall be adopted within six months from the day of 
entry into force of this Law.  
 Until the entry into force of the secondary legislation referred to in paragraph 1 above, secondary 
legislation adopted on the basis of the Law on Protection of Competition (Official Gazette of the 
Republic of Montenegro 69/05 and 37/07) shall appl y, with the exception of the Rulebook on the 
content of notification of the agreement and the manner of record keeping (Official Gazette of the 
Republic of Montenegro 36/06), Rulebook on the form and content of application for registration of 
approved concentrations and the form and manner of  keeping the register (Official Gazette of the 
Republic of Montenegro 36/06) and the Rulebook  on the form and content of the request for 
initiating proceedings (Official Gazette of the Republic of Montenegro 36/06) which shall be 
repealed on the day of entry into force of this Law.   
 
Repeal  
Article 75 
 
The Law on Protection of Competition (Official Ga zette of the Republic of Montenegro 69/05 and 
37/07) shall be repealed on the day of entry into force of this Law. 
 Article 28 item 4, Article 32 and Article 51 item 7 indent 2 of the Decree on Organisation and Operation of State Administration (Official Gazette of Montenegro 5/12) shall be repealed on the 
day of registration of the Agency in the Central Registry of Business Entities. 
 
Entry into force 
Article 76 
 
This Law shall enter into force on the sixtieth day following that of its publication in the Official 
Gazette of Montenegro . 
  
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