On 21 January 2025, the Serbian Commission for Protection of Competition submitted draft proposals to the Government for four new regulations concerning the exemption of certain categories of agreements from the prohibition of restrictive agreements.
The drafts were finalised following a public consultation and subsequent legal and technical revisions, which took place after their initial publication in July 2024.
The package includes an updated draft of the Vertical Block Exemption Regulation ("VBER"), along with new regulations addressing vertical agreements in the motor vehicle sector, agreements in the railway and road transport sectors, as well as technology transfer agreements.
These proposals aim to further align the Serbian antitrust regime with the EU, specifically the new Vertical Block Exemption Regulation and accompanying Vertical Guidelines issued by the European Commission. They also reflect recent market developments, particularly the growth of e-commerce and digital platforms, which have introduced novel forms of vertical relationships.
The final drafts incorporate several amendments stemming from the public consultation. A key revision involves the market share threshold for group exemptions in vertical agreements. The initial draft set this threshold at 25 % for both suppliers and buyers in their respective relevant markets but is now increased to 30 % to align with EU and regional rules. Still, certain discrepancies between the local and EU regime persist. For example, the new Serbian VBER introduces the concept of "shared exclusivity", allowing a supplier to appoint up to three distributors per exclusive territory or customer group. In contrast, the EU regime provides for a limit of up to five distributors per exclusive territory or customer group.
The proposed regulations await Government approval. Once approved, market participants will have six months to align their agreements with the new requirements.
By Srdjana Petronijevic, Danijel Stevanovic, and Zoran Soljaga, Partners, and Nina Rasljanin, Attorney at Law, Schoenherr
