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This blog is an update of our previous blog post on the topic of block exemption regulations from July 2024, available here and February 2025, available here.
The Government of the Republic of Serbia has adopted four new regulations on exemption of certain categories of agreements from the prohibition of restrictive agreements (so called block exemption regulations) concerning vertical agreements in general (“VBER”)[1], vertical agreements on servicing and maintenance of motor vehicles and sale of spare parts for motor vehicles (“MVBER”)[2], technology transfer agreements[3], and agreements in the sector of transport by rail and road[4].
As reported in our previous posts, the adoption of the four block exemption regulations leads to further harmonization of the Serbian antitrust frame work with the EU one. Some important differences however still remain in place, such as the formal mandatory individual exemption requirement for agreements not covered by any of the block exemptions (instead of the self-assessment regime applicable in the EU).
Major novelties concerning vertical agreements are the following:
Active and passive sales
Definitions of active and passive sales are adjusted, by inclusion of types of on-line sales and activities in the definition of active sales, and sales resulting from participating in public procurement or responding to private invitations to tender in the definition of passive sales.
Important clarifications are made regarding the scope of active and/or passive sales restrictions in the context of exclusive and selective distribution. For example, according to the VBER it is (now) possible to restrict exclusive distributors from actively and passively selling to unauthorized distributors located in territories where the supplier operates selective distribution system.
Online intermediation services and online sales
Online intermediation services are defined and included in the scope of the VBER.
A new rule is introduced according to which the application of the VBER is excluded with respect to vertical agreements relating to the provision of online intermediation services where the provider of the online intermediation services is also a competing undertaking on the relevant market for the sale of the intermediated goods or services.
A new ground for exclusion of the VBER’s application is introduced and applies in cases of retail parity obligations causing buyers of online intermediation services not to offer, sell or resell goods or services to end users under more favourable conditions via competing online intermediation services.
Importantly, it is now clarified that a restriction of effective use of the internet by the buyer or its customers to sell contract goods or services to particular territories or customers is prohibited.
Dual Distribution
New rules concerning the application of VBER to situations of dual distribution are introduced, concerning specifically the conditions under which information exchanges between the supplier and buyer in the context of dual distribution can be block exempted. New rules will have important bearing for vertically integrated market participants, different information flows between suppliers and buyers, market sounding and monitoring practices etc.
Market share thresholds
The market share threshold for the block exemption of vertical agreements is raised from 25% to 30%.
According to a new rule, VBER shall continue to apply for two years after the market share of a party to a vertical agreement during the agreement’s implementation has exceeded the relevant 30% threshold for not more than 5%.
The threshold for withdrawal of the benefit of the block exemption due to cumulative effects of parallel networks of similar agreements is raised from 40% to 50% of market coverage.
Exclusive and selective distribution
The possibility of a so called “shared exclusivity” involving up to three exclusive distributors per exclusively allocated territory or customer group is introduced.
Important clarifications are made as to the exempted customer and territorial restrictions imposed on exclusive and selective distributors.
Vertical agreements in the motor vehicle sector
Agreements on servicing and maintenance of motor vehicles and sale of spare parts for motor vehicles are block exempted if the general conditions under the VBER and the (new) conditions under the MVBER are fulfilled. The most relevant new conditions under the MVBER are the following:
Transitional period for existing agreements
Companies must align their existing agreements with the new block exemption regulations within six months following their entry into force, i.e. by 28 September 2026. The existing agreements that previously benefited from the block exemption under the old VBER but do not meet the conditions of the new VBER, will nevertheless continue to benefit from the exemption during the same transitional period.
[1] Uredba o kategorijama vertikalnih sporazuma izuzetih od zabrane restriktivnih sporazuma ("Official Gazette of RS", No. 27/2026).
[2] Uredba o kategorijama vertikalnih sporazuma u sektoru motornih vozila izuzetih od zabrane restriktivnih sporazuma (ʺOfficial Gazette of RSʺ, No. 27/2006).
[3] Uredba o kategorijama sporazuma o transferu tehnologije izuzetih od zabrane restriktivnih sporazuma (ʺOfficial Gazette of RSʺ, No. 27/2006).
[4] Uredba o kategorijama sporazuma u sektoru železničkog i drumskog saobraćaja izuzetih od zabrane restriktivnih sporazuma (ʺOfficial Gazette of RSʺ, No. 27/2006).
