As part of its clampdown on public procurement bid rigging, the Serbian Commission for the Protection of Competition (CPC) recently handed down a decision in a bid rigging infringement case, for the first time ever reducing the fine after establishing that the conditions in an application for leniency submitted during the course of the proceedings had been met.

An analysis of the facts of the case led the CPC to conclude that the infringement had been intentional, which it weighed against the fact that the company had given its full cooperation in the investigation.

The application for leniency was filed on the same day as the dawn raid was carried out, and provided the Commission with information that had not been available prior to the initiation of proceedings. This pertained to the company’s specific business model and the role of a particular individual within the company in colluding with the other party involved.

As a consequence of this, the fines of the two parties to the restrictive agreements differed by more than 50%,

It is worth pointing out that the CPC established that three different restrictive agreements had been concluded in connection with three separate public procurement exercises, but that these, in fact, represented a single and continuous infringement, once again applying this well-established doctrine under EU competition law.

This case underlines the importance for companies of conducting effective internal audits relating to their day-to-day business operations, especially with regards to dealings with suppliers and customers. Audits should be followed up with regular compliance training programmes in order to raise awareness of the importance of competition rules for all businesses, whatever their sector.

NSTLAW proudly announces the appointment of our Senior Partner, Nenad Stankovic, as a board member of the Legal Netlink Alliance. Nenad has been an active member of LNA for 10 years, and has achieved this prestigious milestone at the recent reunion hosted in Malta. Legal Netlink Alliance provides for the unique opportunities to legal professionals, facilitating the exchange of experiences, sharing of legal practices, and the cultivation of meaningful friendships on a global scale.

Reflecting on his membership, Nenad expressed his deep gratitude for the enriching experiences within the LNA community. He emphasized the importance of fostering international connections and understanding diverse legal perspectives. As a testament to this commitment, Stankovic and Partners eagerly look forward to the next chapter in this global legal journey by organizing the upcoming LNA event in Belgrade. The firm is thrilled at the prospect of hosting colleagues from around the world, confident that this event will further strengthen the bonds forged through the LNA, promoting collaboration and knowledge exchange among legal professionals on an international stage.