The Commission for Protection of Competition has prepared proposals for four Regulations, which, upon the conclusion of the public discussion, will be proposed to the Government of the Republic of Serbia for adoption:
- Regulation on Categories of Vertical Agreements Exempted from the Prohibition of Restrictive Agreements
This Regulation aims to replace the current Regulation on Agreements between Market Participants Operating at Different Levels of Production or Distribution Exempted from the Prohibition (Official Gazette of RS, No. 11/2010) by introducing new solutions in line with market developments, particularly concerning e-commerce and digital platforms. The new Regulation harmonizes with EU regulations, specifically with Commission Regulation (EU) 2022/720 of May 10, 2022, which came into effect on June 1, 2022, and is directly applicable in all EU member states.
- Regulation on Categories of Technology Transfer Agreements Exempted from the Prohibition of Restrictive Agreements
This Regulation prescribes special conditions for technology transfer agreements, including the type, content, and duration of agreements, as well as the types of agreements that are not exempted. The main goal of the Regulation is to ensure competition protection and legal certainty for market participants when concluding technology transfer agreements, and to contribute to business certainty in this segment. The Regulation aligns with Regulation (EU) No. 316/2014 of March 21, 2014.
- Regulation on Categories of Vertical Agreements on the Repair and Maintenance of Motor Vehicles and Agreements on the Sale of Spare Parts in the Motor Vehicle Sector Exempted from the Prohibition of Restrictive Agreements
This Regulation specifies the conditions for vertical agreements related to the repair and maintenance of motor vehicles, as well as the sale of spare parts, aligning with Regulation (EU) No. 461/2010 of May 27, 2010, whose validity has been extended until May 31, 2028.
- Regulation on Categories of Agreements in the Railway and Road Transport Sectors Exempted from the Prohibition of Restrictive Agreements
This Regulation prescribes special conditions related to the type and content of agreements in the railway and road transport sectors. The purpose of the Regulation is to ensure legal certainty for market participants when concluding agreements in these sectors. Specifically, if the prescribed legal conditions and the conditions stipulated by this Regulation are met, market participants are provided with protection from the initiation and conduct of proceedings to determine the existence of restrictive agreements as forms of competition violations. The Regulation aligns with Regulation (EU) No. 169/2009 of February 26, 2009.
The texts of these draft Regulations are available on the portal of the Commission for Protection of Competition. The Commission invites all market participants, business associations, law firms, the expert public, and other interested parties to submit their comments, proposals, and suggestions through the eKonsultacije portal by July 15, 2024.