On 23 March 2020, the European Competition Network (ECN) comprising the European Commission and the national competition authorities in all EU Member States published a joint statement https://ec.europa.eu/competition/ecn/202003_joint-statement_ecn_corona-crisis.pdf announcing more benevolent enforcement of competition rules under certain circumstances during the coronavirus COVID-19 crisis.

The ECN stated that: ‘’this extraordinary situation may trigger the need for companies to cooperate in order to ensure the supply and fair distribution of scarce products to all consumers’’. The ECN confirmed it will not actively intervene against necessary and temporary measures put in place in order to avoid a shortage of supply.

Conversely, the ECN said it will have no mercy towards companies taking advantage of the current situation by cartelizing or abusing their dominant position (e.g. by imposing excessive prices for face masks and sanitizing gel).

Is the time ripe for the Serbian Competition Authority to take a similar stance? In the age of anxiety and uncertainty, this would be more than welcome.

M Partners Competition Team will guide you through COVID competition law compliance ensuring that your relations with suppliers/ competitors/ and your pricing policy are risk-free.