BDK Advokati/Attorneys at Law

Block exemption of vertical agreements under Montenegrin law

By Tijana Kojović and Dragan Gajin

The government of Montenegro has adopted four block exemption decrees, two in the sphere of vertical agreements (general exemption decree and exemption for vertical agreements in the motor vehicle sector) and two applicable to horizontal agreements (specialisation agreements and research and development agreements). The decrees came into force on 22 March 2014 and are instantly applicable. This means that all undertakings active on the Montenegrin market should now perform an assessment of their contractual arrangements for their compliance with the new exemption regulations. If an arrangement is assessed to be appreciably restrictive of competition and yet outside the block exemption, the parties should apply to the Montenegrin Agency for Protection of Competition for an individual exemption.

This blog post analyses the two vertical block exemption decrees.

General exemption for vertical agreements
Given that Montenegro is on the EU accession route, it does not surprise that the decree on group exemption of vertical agreements from prohibition (MNE Vertical BED) heavily relies on the European Commission Regulation No 330/2010 (EU Vertical BER). However, given that some idiosyncrasies of the Serbian vertical block exemption decree (Serbian Vertical BED) can be spotted in the new Montenegrin decree, it appears that the drafters relied on the Serbian document as well…

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