THE ADEQUACY OF ADMINISTRATIVE–JUDICIAL PROTECTION IN MATTERS OF COMPETITION VIOLATIONS

Competition authorities in Serbia and other countries from the ex-Yugoslav region are administrative authorities defined by law as having the status of independent regulatory bodies. Judicial control over individual acts of competition authorities is executed by administrative courts. However, proceedings conducted by competition authorities in antitrust cases distinguish from general administrative proceedings since there exists a dispute regarding the very existence of competition infringement, and substantial penalties are the possible outcome of the proceedings. The features of administrative dispute do not guarantee optimal judicial protection to defendant undertakings since full jurisdiction proceedings are allowed only if specific requirements defined in the law are fulfilled. Besides, administrative courts appeared as inapt to deal with the substance of competition cases. The EU Directive 1/2019 obliged member states not only to ensure effective implementation of competition law by administrative competition authorities, but also to secure the undertakings’ right of defense, in line with principles defined in the EU Charter of Fundamental Rights. The author questions the adequacy of administrative-judicial protection in antitrust cases, as laid down in laws in force in Serbia and other countries of the ex-Yugoslav region, in the light of fundamental legal principles and theoretical views on the status of independent regulatory authorities. The author advocates for the creation of specialized chambers within commercial courts to deal in full jurisdiction with disputes between competition authorities and defendant undertakings in antitrust cases, or, more desirably, the formation of a special court that would decide in disputes against decisions of competition authorities and sector regulators.