Despite the Constitution, the state in the heart of the Durmitor and Biogradska gora national parks is establishing a private monopoly in favor of officials of the Democratic Party of Socialists (DPS), and with its legal acts is destroying the conditions for equal competition on the market, Momo Koprivica, vice president of Democratic Montenegro, announced today.
If it is taken into account that the current government is profiting from economic favorites, Burazera companies, above all, it should not be surprising that they commit criminal acts in the heart of the national park, but also throw the Constitution of Montenegro under their feet in order to enable the monopolization of unique locations in the protected natural zone . We informed the public, both in Žabljak and in the whole of Montenegro, that at the expense of all citizens, the infrastructure is wanted to be brought to a location that exclusively serves the private monopoly business of the favored company "Explorer", but also with the content of a harmful and illegal lease agreement that actually privatizes Black Lake and its surroundings. That contract and the decision to grant an exclusive lease in a protected natural zone is in direct contradiction to the Constitution of Montenegro itself. Namely, Article 140, paragraph 3 clearly and unequivocally stipulates: "It is forbidden to distort and restrict free competition and encourage an unequal, monopolistic and dominant position on the market." This constitutional anti-monopoly and anti-discrimination clause is the basis of a free economy that demands that entry into the market is legally available to everyone under equal conditions," Koprivica pointed out.
He added that in the protected natural zone, where it is prohibited by law, among other things, to fish with two or more rods, on the other hand, a favored company is granted an exclusive restaurant on Black Lake (and a similar one on Biogradsko) in which the state invested over 700.000 euros, but also the monopoly right to build 30 bungalows, accommodation facilities, for which they are cutting down a healthy forest, then crushing a fleet of vessels (90 boats, then kayaks and canoes), an adventure park and a children's playground.
"So everyone else can have at most one fishing rod, and a DPS official can have a monopoly in the heart of the national park! That's the DPS formula for implementing the constitutional principle of equality. The state has granted a privileged position in the heart of the national park to one company that consists in the fact that only it has the exclusive right to engage in profitable business in those unique locations. Contrary to the Constitution, the state not only encouraged it, but also created an unequal, monopolistic and dominant position on the market. The given company does not have that position because it is better in providing services, not because it is more capable in lowering costs, not because it is more innovative in creating business strategies, research and development, but not because it has a rare entrepreneurial talent. which the state forbade all other entities to try to bring in more than one fishing rod, let alone to invest in business, accommodation and catering facilities and vessels in that unique area or, in the dictionary of competition law, in that relevant geographic market. This monopoly is not a consequence of economic superiority or the operation of market laws, in which the most successful won and economically "closed" business to others due to better conditions and more favorable prices of their offer," said Koprivica.
According to him, the point in this case is that the official of the DPS was given a monopoly, and all other potential competitors who would like to engage in the same business were given a legal ramp, that is, a state ban.
"We have no dilemma regarding the issue of business in national parks. There is no place for private business in the national park, neither for DPS officials, nor for any other person, party or non-party. In this case, an unequal position on the market in Žabljak is created by assigns the company several unique locations (Crno jezero, Radovan Luka) where it is exclusively a service provider and there is no room for other companies, which are mostly small family businesses of locals and as such have always been the backbone of the local economy," said Koprivica.
The Vice President of the Democrats said that if the market is equally accessible to everyone and if the market rules are the same for everyone, which is the meaning of this constitutional principle, how is it that only one company (which is not owned by the state) can have the exclusive right to manage unique locations ?
"It is clear that according to all grounds and criteria, the norm from Article 140 of the Constitution of Montenegro on the prohibition of disrupting and limiting free competition and the prohibition of encouraging an unequal, monopolistic and dominant position on the market has been violated," concluded Koprivica.
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