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 four years, except for the review of mergers. In addition, the Agency for Competition Protection's (ACP) cooperation 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
The State Aid Control Commission, composed of five members appointed by the Government and chaired by the Ministry of Finance, was the authority in charge of enforcing State aid law. The recent amendments to the Law on Protection of Competition provide for a transfer of State aid control and enforcement of competition law under one authority, the Agency for Competition Protection. In order to strengthen the independence of its decision-making, a council comprising a president and two members (for competition and State aid respectively) will be introduced. The Agency shall take over the tasks of the State Aid Control Commission. The Secretariat will closely monitor whether the newly established authority will enforce competition and State aid law effectively.