The Serbian Government has adopted four new by-laws relating to block exemption rules. The Regulation on Categories of Vertical Agreements Exempt from the Prohibition of Restrictive Agreements replaced the previous 2010 regulation governing the same subject matter, while the remaining three are related to specific sectors: motor vehicles, technology transfer, and railway and road transport.

All four regulations were published in the Official Gazette of RS no. 27/26 and are in force as of 28 March 2026. Agreements concluded prior to that date must be aligned with the new regulations within six months, i.e. by 28 September 2026.

1. The Regulation on Categories of Vertical Agreements Exempted from the Prohibition of Restrictive Agreements (Vertical Block Exemption Regulation – hereinafter “Regulation”) is generally aligned with Commission Regulation (EU) 2022/720 on vertical agreements and concerted practices, while also providing further clarification of the existing rules and introducing new definitions aimed at enhancing legal certainty.

Vertical agreements containing vertical restraints may be exempt from the prohibition of restrictive agreements, provided that the prescribed conditions are satisfied. The exemption applies in particular to agreements concerning selective distribution, exclusive distribution, free distribution, and franchising.

The Regulation also applies to vertical agreements containing ancillary provisions concerning the assignment or use of intellectual property rights or know-how, as well as to vertical agreements concluded by associations of retailers with their members or suppliers, provided that none of the members has an annual turnover exceeding EUR 8 million.

The market share thresholds for the application of the exemption have been increased under the new Regulation. The exemption applies where the market share of the supplier and that of the buyer each do not exceed 30% on the relevant market.

If the market share subsequently exceeds 30%, but does not rise above 35%, the exemption shall remain in force for a further two consecutive calendar years from the date of the first exceedance. The Regulation also provides detailed rules for the calculation of market shares.

The Regulation maintains the fundamental rules regarding agreements containing “hardcore restrictions”, to which the exemption cannot apply. The prohibition of fixing resale prices or imposing minimum resale prices remains in force; however, the new Regulation provides a significantly more detailed framework governing territorial restriction, rules on exclusive and selective distribution, and the distinction between active and passive sales. A particular novelty concerns online sales and advertising, which are now expressly regulated as protected distribution channels, with a limited possibility to impose conditions on online sales.

Excluded restrictions under agreements to which the exemption cannot apply have been somewhat amended and further detailed.

Non-compete obligations may be tacitly renewed after a period of five years, provided that, after five years, the buyer is able to effectively and meaningfully renegotiate or terminate the agreement without incurring unreasonable costs.

A new excluded restriction has also been introduced relating to parity obligations. Clauses preventing digital platforms from offering, selling or reselling goods or services on more favourable terms via competing platforms are now expressly prohibited.

2. The Regulation on Categories of Vertical Agreements in the Motor Vehicle Sector Exempted from the Prohibition of Restrictive Agreements specifically governs agreements concerning vehicle repair and maintenance services and the distribution of spare parts, while preserving protections for independent repairers and spare-parts suppliers.

3. The Regulation on Categories of Technology Transfer Agreements Exempted from the Prohibition of Restrictive Agreements introduces rules governing the transfer of intellectual property rights and know-how, including market-share thresholds and restrictions considered incompatible with block exemption protection, including hardcore and excluded restrictions.

4. The Regulation on Categories of Agreements in the Railway and Road Transport Sector Exempted from the Prohibition of Restrictive Agreements provides exemptions for certain forms of technical improvement and cooperation in transport services, while continuing to prohibit arrangements involving price-fixing, restricting or controlling the supply of transport services and market sharing.

Conclusion

Companies engaged in distribution systems, e-commerce platforms, licensing arrangements, or sector-specific supply chains should review their agreements and commercial practices to ensure compliance with the new framework.

For all additional information and clarifications please contact office@pricapartners.com.