Something New, Something Old: Four New Block Exemption Regulations Now in Force in Serbia

As of 28 March 2026, four new block exemption regulations (BERs) have entered into force in Serbia, replacing the single, 15-year-old vertical block exemption regulation that had governed the assessment of restrictive agreements since 2010. The package represents the most significant update to Serbian competition law in over a decade and a direct step in aligning Serbia’s antitrust framework with EU standards, which is an explicit obligation under the Serbia–EU Stabilisation and Association Agreement.

Existing restrictive agreements now have a six-month transitional period to be brought into compliance, making this a priority for companies with Serbian market exposure.

Something New: The Four Regulations at a Glance

The four bylaws adopted by the Serbian Government cover the following categories of agreements:

1. Vertical agreements (VBER). The cornerstone of the package and undoubtedly of the most practical relevance, the new VBER replaces the 2010 regulation and modernises the rules on supply, distribution, and purchasing agreements. As expected, the new VBER is largely aligned with the EU 2022 VBER.

Main novelties include:

· Market share threshold for block exemption raised from 25% to 30%, bringing Serbia in line with the antitrustregimes of the EU and most countries in the region.

· E-commerce & dual distribution: The new VBER explicitly addresses online sales restrictions and online intermediation services, reflecting the significant evolution of digital markets since 2010.

· “Shared exclusivity” and “Free Distribution” introduced: A supplier may now appoint up to three exclusive distributors per territory or customer group, moving away from the previous rule that limited exclusivity to a single distributor. Inline with the EU VBER 2022, the regulation also formally introduces the concept of “free distribution” as a distinct, defined distribution model alongside exclusive and selective distribution.

· Hardcore restrictions list updated: The catalogue of restrictions that fall outside the block exemption regardless of market share has been revised and modernised in line with the EU VBER 2022. The new VBER clarifies, for example,that “wide” most favoured nation clauses in online intermediation services and restrictions on the effective use of the internet for the sale of contract goods or services cannot benefit from the safe harbour under any circumstances.

· Block exemption turnover threshold for associations of undertakings raised from EUR 2million to EUR 8 million per association member.

2. Technology transfer agreements (TTBER). A brand-new block exemption for Serbia, modelled on the EU TTBER (Regulation 316/2014), the TTBER covers licensing agreements for patents, know-how, and software copyrights that form part of aproduction process, establishing a clear safe harbour for businesses active intechnology licensing, pharma, or IP-intensive industries. The safe harbour applies to technology transfer agreements between both competitors (20% marketshare threshold) and non-competitors (30% threshold). Note, however, that the TTBER does not apply to the licensing of technology rights contained in research and development or specialisation agreements, which remain governed by the respective block exemption regulations adopted in 2010.

3. Motor vehicle sector agreements (MVBER). Another first for Serbia, aligned with the EU MVBER, the MVBER introduces specific rules for vertical agreements on the repair and maintenance of motor vehicles and the sale of spare parts, creating a more structured and predictable framework for aftermarket service networks.

4. Rail and road transport agreements (TBER). A new sector-specific exemption modelled on Council Regulation (EC) 169/2009, TBER covers agreements between transport operators in the rail and road sector.

Something Old: The Individual Exemption Obligation

One aspect of Serbian competition law that remains fundamentally different from the EU is the individual exemption regime. In the EU and some countries in the region (such as North Macedonia and, more recently, Montenegro), companies can self-assess whether anagreement that falls outside a block exemption nonetheless satisfies the conditions for individual exemption under the applicable competition rules. In Serbia, this self-assessment option still does not exist as it would require changes to the Law on Protection of Competition itself, which is a process that has been stalled for quite some time.

Basically, any agreement that does not qualify for a block exemption (for example, because one party’s marketshare exceeds 30%) must be submitted to the Commission for Protection of Competition (CPC) for assessment and prior individual exemption. Implementing the agreement without the CPC’s exemption decision exposes the parties to fines of up to 10% of annual turnover in Serbia, the risk of the agreement being declared null and void, and to potential criminal liability.

Practical Implications

Companies have until 28 September 2026 to comply with the new framework. For companies operating in Serbia or engaged in cross-border distribution, technology licensing, M&A transactions, or market-entry strategies in the Western Balkans, the new BERs are a material development.

Agreements that were previously individually exempted or that operated under the old BER now may need to be reassessed. Equally, agreements that formerly required individual exemption may now fall within the updated safe harbours, reducing regulatory burden for companies already operating in Serbia.

How BOPA Can Help

We are a Serbian competition law practice with deep expertise in the local regulatory framework and longstanding experience working alongside international and local clients and international law firms on cross-border matters. Whether you need a targeted compliance review of distribution, supply, or licensing agreements, an individual exemption filing with the CPC, or competition law due diligence in the context of an M&A transaction, we work seamlessly to deliver advice that is both locally grounded and globally informed.

If you would like to discuss how the latest regulatory changes may affect your agreements or business practices,please reach out to Vladimir Bojanović at vladimir.bojanovic@bopa.rs or Jelena Obradović at jelena.obradovic@bopa.rs. We look forward to hearing from you and to working together on finding the most suitable solution for your business needs.

This article is intended for general information purposes only and does not constitute legal advice. For advice specific to your situation, please contact our team directly.

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