Last week, the Serbian Commission for Protection of Competition (“Commission”) released two decisions involving the two biggest producers and wholesalers of ground coffee in Serbia – Atlantic Group (“Atlantic”) and Strauss Adriatic (“Strauss”). One decision marked the end of the Commission’s antitrust investigation imposing penalties on Atlantic and Strauss, issued on December 29, 2023 (“Antitrust Decision”), and the other one is the merger control ruling conditionally approving Atlantic’s acquisition of Strauss, issued on February 28, 2024 (“Merger Decision”).

In The Corner Office, we ask Managing Partners at law firms across Central and Eastern Europe about their backgrounds, strategies, and responsibilities. As we bid farewell to 2023, this time around we turn our attention forward: What is your one main wish for 2024 and what do you see as the biggest potential risk?

All domestic or foreign creditors can lodge claims in insolvency, but international practice shows a stark disadvantage for foreign creditors despite supposed equality.  This article delves into two key aspects – how foreign creditors are informed and lodge claims – shedding light on their status within Serbia’s legal framework. Key insights stem from major international documents like the UNCITRAL Model Law on Cross-Border Insolvency (MLCBI), EU Regulation 2015/848 on Insolvency Proceedings (Regulation), with Serbian insolvency primarily governed by the Insolvency Act (Act).

The Serbian Commission for Protection of Competition (“Commission”) has recently determined that the companies KTG Solucije d.o.o. Subotica (“KTG”) and Eco sense doo Subotica (“Eco Sense”) entered into a restrictive agreement that significantly impacted competition in public procurement procedures related to hygiene maintenance materials and services.

Artificial intelligence (“AI”) has been present in our lives for a while now, but it became a buzzword when OpenAI introduced ChatGPT to the public. Therefore, the lawsuit against OpenAI and the datasets used by ChatGPT deserve more attention than other similar cases.

BDK Advokati has advised Atlantic Grupa on its acquisition of Strauss Adriatic – the owner of Serbian coffee brands Doncafe and C Kafa – from the Strauss Group. Sole practitioner Sarig Shalhav reportedly advised the Strauss Group.

On 14 February 2024 the Decision of the Constitutional Court of the Republic of Serbia no. IUz-60/2021 was published, which determines that the provision of Article 13, Paragraph 1 of the Law on Financial Support for Families with Children (“Off. Gazette of the RS”, no. 113/17, 50/18, 46/21 – Decision of the CC, 51/21 – Decision of the CC, 53/21 – Decision of the CC, 66/21, 130/21, 43/23 – Decision of the CC and 62/23), is not in accordance with the Constitution of the Republic of Serbia in the part that reads:

Karanovic & Partners has advised the Green for Growth Fund on a EUR 50 million loan for UniCredit Bank Serbia to finance utility-scale renewable energy projects in the country with a focus on solar and wind.

In the Official Gazette of the Republic of Serbia no. 6/2024 from January 26, 2024, the following by-laws have been published:

For those familiar with the situation in the world of football in Europe, the end of 2023 was very interesting bearing in mind that the European Court of Justice (ECJ) made two important decisions concerning football organizations FIFA and UEFA.

Vulic Law, working with Gide, has advised the International Finance Corporation on its EUR 160 million financing for Serbia's Drenik ND. Wolf Theiss's Hungarian office reportedly advised the IFC as well.

Cvjeticanin & Partners has advised Daikin Serbia on implementing its employee benefits program including company shares and profit sharing.

As of the close of 2022, Serbia's banking sector faced challenges amid global economic conditions. The year 2023 brought its distinct set of obstacles, with a noteworthy slowdown in global inflation compared to the last quarter of 2022. However, the undeniable focal point is the war in Ukraine, triggering a faster inflationary spiral due to increased energy and food prices.

Quite unexpectedly, 2023 has proven to be a pivotal year for our trilogy on commercial offenses, considering the anticipated surge in the number of commercial cases before the national Commercial Courts attributed to the announced expeditiousness of public prosecutors. In light of such circumstances, we once again urge our readers, if they have not already done so, to check out our Chapter 1 - "A Commercial Offense – A Brief Review of an Unjustifiably Neglected Step Between a Misdemeanor and a Criminal Offense."

On February 8, 2024, the European Commission (“EC”) unveiled an updated Market Definition Notice (“the Notice”). The revision plays a crucial role in the EC’s approach to assessing mergers and antitrust cases by delineating the competitive boundaries and assessing the market power of companies.

Under the Serbian Law on Foreign Exchange Operations and its accompanying bylaws, Serbian residents have various reporting obligations towards the National Bank of Serbia (“NBS”), which is competent for controlling foreign exchange (“FX”) operations of residents and non-residents. It is not rare in practice that companies operating in Serbia are not aware of (all) such obligations, especially in the cases of first-time entrance to the market, which exposes them to potential liability for FX misdemeanours. The controls in this area are common while identified irregularities are followed by misdemeanour proceedings.

Harrisons, Maric & Co, Lambadarios, and Wolf Theiss, working with Linklaters, have advised a banking consortium led by UniCredit Bank London on the United Group's EUR 1.7 billion issuance of four tranches of senior secured and PIK notes as well as on the increase and extension of its EUR 410 million revolving credit facility. Selih & Partnerji, working with Paul Weiss, advised the United Group. Schoenherr, Koutalidis, De Brauw Blackstone Westbroek, and Elvinger Hoss Prussen reportedly advised the United Group as well.

BDK Advokati has successfully represented Satko Mujagic, Fikret Alic, and the Association of Camp Inmates Kozarac in a dispute against the Serbian REM electronic media regulator before the Administrative Court in Belgrade.