Commission for Protection of Competition unauthorized for NIS’ case

- The Commission for Protection of Competition has declared itself unauthorized to give consent for takeover of “Petroleum Industry of Serbia” (NIS) at the request of Russian “Gazpromneft” – said Dijana Marković-Bajalović, the President of the Commission.

She said to Beta agency that the interstate agreement between Serbia and Russia, which was ratified in Serbian Parliament, anticipated the sale of property of NIS, and she pointed out that it represented "lex specialis" in comparison with any other domestic law, that is, it excluded the possibility that the Commission gives its consent at the request.

- Even if the buyer of NIS becomes a monopolist in the market of Serbia, the Commission for Protection of Competition has no legal authority to discuss the contracts and agreements that represent "lex specialis", that is, exceptions in domestic legislation – said the President of the Commission.

Dijana Marković-Bajalović said that "Gazpromneft" had been informed on the Commission’s decision, and that the conditions had been created for that company to pay the whole price from the sales contract and take over NIS.

The contract on sale of 51% of capital of NIS to "Gazpromneft", a daughter company of Russian "Gazprom", at the price of 400m EUR, was signed on December 24, 2008, in Moscow.

Komisija za zaštitu konkurencije Srbije

NIS a.d. Novi Sad

Gazprom Moscow

Vlada Republike Srbije

Commission for Protection of Competition

Gazpromneft

Petroleum Industry of Serbia

Dijana Marković Bajalović

Gazprom

Moscow

Government of Serbia