State of Compliance
The Law on Protection of Competition is largely in line with the competition acquis. However, its implementation and enforcement activities in the energy sectors are still at a low level.
The Commission for Protection of Competition's (CPC) decision of 2016 finding that the national electricity distribution system operator EPS Distribucija LLC Belgrade abused its dominant position as the sole operator on the market for electricity distribution in Serbia, was annulled by the Administrative Court for procedural deficiencies. The case was referred back to the CPC. The CPC rendered a new decision coming to the same conclusion as in the previous decision.
State Aid Law
State Aid Law
The Law on State Aid Control is generally in line with the State aid acquis.
The State aid enforcement authority is not independent as it is closely linked to the Ministry of Finance and chaired by a representative of the same ministry. The authority closely cooperates with the Secretariat in their enforcement activities.
In 2014, the Secretariat initiated an enforcement case (Case ECS-11/14) in relation to the support measures in the form of guarantees for loans and the transfer of property for the Kolubara power plant project. The Secretariat came to the conclusion that these support measures constitutes State aid and should be assessed by the Commission for State Aid Control. After several rounds of discussions and assistance of the Secretariat under Article 2 of the Dispute Settlement Procedures, the Commission for State Aid Control issued a compliant decision. Therefore, the Secretariat closed the case.
The Secretariat is currently reviewing a complaint regarding support measures for the Kostolac power plant project.