The Montenegrin Administrative Court analyses procedural barriers to efficient application of the Competition Act

The record of public enforcement of competition law in Montenegro is modest, despite the efforts which the national Agency for Protection of Competition has put in various investigations. Part of the problem lies in the dysfunctional enforcement dualism. The Agency is competent to establish the infringements of competition and propose fines. Imposition of fines, however, is within the purview of the misdemeanour courts. Misdemeanour courts are not bound by the Agency’s finding of the infringement. The Administrative Court published in May 2016 an analysis of the Competition Act and its most important flaws. Applicable rules of procedure The proceedings before the Agency are governed by the Competition Act as lex specialis. The Act on General Administrative Procedure and the

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Bisera Andrijašević, The Montenegrin Administrative Court analyses procedural barriers to efficient application of the Competition Act, 31 May 2016, e-Competitions May 2016, Art. N° 97620

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