State of Compliance
Montenegro transposed Articles 101, 102 and 106 of the Treaty on the Functioning of the European Union in its 2012 Competition Law.
There has been no case of applying competition law to the energy sectors in the past five years, except for the review of mergers. In addition, the cooperation of the Agency for Competition Protection (ACP) with the Secretariat and other national competition authorities in the framework of the Energy Community Competition Network is rather limited. More intense enforcement of competition law, in particular with regard to anticompetitive agreements and the abuse of dominance, is needed in order for Montenegro to fully comply with its obligations under the Energy Community Treaty.
State Aid Law
State Aid Law
In 2018, due to amendments to the Law on Protection of Competition, the competence for State aid control and enforcement was transferred from the State Aid Control Commission to the Agency for Competition Protection, comprising a president and two members (for competition and State aid respectively). Since the adoption of the amendments, aid grantors were given one year to bring existing aid into compliance. After the expiry of the deadline, ACP is to give recommendations in case it considers aid incompatible. So far, no decisions have been rendered. The Secretariat will closely monitor whether the newly established authority will enforce competition and State aid law effectively.