Doktrina neophodnih kapaciteta i zaštita konkurencije u Srbiji: sektor telekomunikacija

Abstract

The paper discusses possibilities for the application of the essential facilities doctrine in the Serbian telecommunications sector and the consequences of that application for the protection of competition. Based on the findings in the paper, the conclusion is, among other things, that the essential facilities doctrine may be applied in different ways and under different conditions by the Regulatory Agency for Electronic Communications and Postal Services (RATEL), the Commission for Protection of Competition (KZK), as well as the Administrative Court. Furthermore, bearing in mind the existing relationship between these bodies, as well as the relationship between the law on protection of competition and sectoral regulation, we conclude that KZK should primarily apply the essential facilities doctrine, while RATEL is the one to additionally enhance competition within the sector based on the sectoral regulation.