On 28 December 2023, the Agency for the Protection of Competition of Montenegro (the “Agency”) adopted a decision regarding its finding that the pricelist adopted by the Association of Tourist Agencies of Montenegro (the “Association”) concerning services provided by the tourist agencies amounts to a restrictive agreement by object under the Montenegrin Competition Law.
In particular, the Montenegrin Agency concluded that the pricelist determined the prices for services provided by the tourist agencies which led to prevention, limitation, and distortion of competition in the relevant market in Montenegro. The pricelist is, therefore, null and void.
In its decision, the Agency prohibits the further application of the said pricelist. The Agency has also ordered the Association to submit to the Agency the methodology for determining prices of the relevant services as well as to publish the Agency’s decision on its website.
The Montenegrin Agency is not entitled to directly issue fines in relation to competition law breaches as that is in the court’s jurisdiction in Montenegro. It, therefore, remains to be seen whether the Montenegrin Misdemeanour Court will follow up with a fine concerning the agreement.
The information in this document does not constitute legal advice on any particular matter and is provided for general informational purposes only.
By Bojana Miljanovic Hussey, Partner, Mladen Vujic and Jovana Dordevic, Associates, and Jelena Vucinic, Junior Associate, Karanovic & Partners
