The Parliament of Montenegro has adopted two significant pieces of legislation aimed at strengthening the country’s competition law regime: the new Law on Protection of Competition, published in the Official Gazette of Montenegro No. 046/26 of 2 April 2026, and the Law on Actions for Damages Arising from Infringements of Competition in the Market, published in the Official Gazette No. 039/26 of 20 March 2026.
The new Law on Protection of Competition introduces important advancements by aligning national rules with European Union standards. In particular, the law provides that competition rules will be applied in accordance with the principles established in the regulations, decisions, communications, guidelines, opinions, recommendations, notices, and other acts of the European Commission, the European Council, and the European Parliament, relating to the implementation of provisions contained in Title VII, Chapter 1 of the Treaty on the Functioning of the European Union.
The Government of Montenegro will determine and publish a list of these rules, along with their translations into Montenegrin, in the Official Gazette of Montenegro.
A notable simplification introduced by the new law is that agreements meeting the conditions for individual exemption from the prohibition of restrictive agreements will no longer require prior approval from the Competition Agency. Furthermore, the law no longer prescribes a strict deadline—previously set at 15 days—for submitting merger notification. Instead, it specifies the conditions under which it must be filed.
The law also introduces stricter requirements and procedures for the appointment of the President and members of the Competition Council. In addition to previously established criteria, candidates must now have at least ten years of professional experience in the field of law or economics.
Procedural efficiency has been improved through significantly shortened deadlines for the adoption of decisions. The law further establishes detailed conditions for immunity from fines and the reduction of monetary penalties.
In addition, the legislation provides a comprehensive framework for cooperation with the European Commission and the authorities of EU Member States. This includes the enforcement of final decisions imposing fines or periodic penalty payments through the application of a Uniform Instrument, which serves as a basis for enforcement and does not require recognition, supplementation, or replacement within Montenegro.
The adoption of these laws represents a major step forward in harmonizing Montenegro’s competition framework with EU standards, enhancing legal certainty, and strengthening the enforcement of fair competition in the market.
Prepared by,
Jelena Vujisic, Senior Partner