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In Serbia, most of the exclusivity arrangements between pharma companies need to be, prior to their implementation, individually exempt by the Serbian Competition Authority (“SCA”). Most recently, the SCA issued two decisions in the individual exemption process. In one it denied, while, in the other it only conditionally approved individual exemptions for exclusive distribution agreements between pharmaceutical companies. These developments show a noticeable shift in the SCA’s stand towards exclusivity arrangements with the SCA taking a stringent approach, limiting the parties' ability to contract exclusivity arrangements in the sector.

Companies are not obliged to use the stamp while doing business, as stated in Article 15 paragraph 1 of the Company law of Montenegro ("Company Law"). The legislator’s intention when prescribing freedom while regulating use of stamps in doing business was to unburden the Company’s business, i.e. to not burden the business with additional formal conditions, as well as to leave the issue of the use of the stamp to the company to regulate it by a general or special internal act.

When talking about notable recent developments in Serbia, Bojovic Draskovic Popovic & Partners Senior Partner Uros Popovic reports of an evolving business landscape in the country, marked by the substantial influence of foreign companies and dynamic sector activities, with a burgeoning real estate market and a quickly developing renewable energy sector.

In The Debrief, our Practice Leaders across CEE share updates on recent and upcoming legislation, consider the impact of recent court decisions, showcase landmark projects, and keep our readers apprised of the latest developments impacting their respective practice areas.

In The Corner Office, we ask Managing Partners at law firms across Central and Eastern Europe about their backgrounds, strategies, and responsibilities. Given the dynamic and ever-evolving nature of the legal profession, we asked: What is the one critical skill that you’re investing time and energy in to develop within your team, and why?

During 2023, there have been significant changes in the legal regulations in the field of planning and construction as well as in terms the Real Estate Cadastre in Serbia. In August, amendments to the Law on Planning and Construction entered into force, while in November, amendments to the Law on the Registration Procedure with the Cadastre of Real Estate and Utilities (which is now called the Law on the Registration Procedure with the Real Estate Cadastre and Infrastructure Cadastre) entered into force.

The Companies Act of the Republic of Serbia (“Off. Herald of RS”, Nos. 36/2011, 99/2011, 83/2014 - other law, 5/2015, 44/2018, 95/2018, 91/2019 and 109/2021; hereinafter: “the Law”) prescribes a circle of persons who have certain special duties towards the company:

The Commission for Protection of Competition (“CPC”) and the Republic Secretariat for Public Policy (RSPP), in cooperation with the Organization for Economic Cooperation and Development (OECD), enacted a while back a Control List for Assessing the Impact of Regulations on Competition (“Control List”), which establishes whether a specific proposal or draft regulation could lead to competition distortion in the market.

Cytowski & Partners has advised Collabwriting on its USD 1.1 million seed financing with Smok Ventures, Credo Ventures, Fiedler Capital, Underline Ventures, Startup Wiseguys, and several CEE angel investors. Schoenherr reportedly advised Collabwriting as well. San Diego-based Komorowski PLLC reportedly advised lead investor Smok Ventures.

We continue to deal with court decisions that creatively interpret the provisions of the Labor Law concerning the termination of employment contracts, thereby introducing significant legal uncertainty in practice.

Belgrade's MPartners Legal, working with Perth's Steinepreis Paganin and Bird & Bird in London, has advised Ibaera Capital Fund subsidiary ISIHC on the sale of the Rogozna Gold Project in Serbia to Strickland Metals Limited for a consideration of AUD 34.2 million in shares.

Serbia Knowledge Partner

SOG in cooperation with Kinstellar is a full-service business law firm in Serbia that provides foreign and domestic clients with premium-quality legal advice and assistance across a wide range of key areas of corporate law. The firm was founded in 2015 by a group of seasoned, internationally-trained lawyers. SOG has developed a distinctively dynamic culture, bringing together top talent, fostering entrepreneurship, and maintaining exceptional relationships with its clients.

SOG has achieved consistent growth in the volume of its business, accompanied by an exponential increase in the number of hired associate lawyers and the firm’s network of business contacts. SOG has a robust client base of multinationals, investment and private equity firms, and financial institutions. Clients praise SOG for being commercially minded, very responsive and knowledgeable.

Establishing permanent cooperation with Kinstellar is part of realising SOG's long-term development strategy to be the leading provider of legal services in the Western Balkans market.

Firm's website: https://www.kinstellar.com/


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