With the publication of the Guidelines on Unfair Trading Practices in the Official Gazette of the Republic of Serbia, No. 57 of 26 June 2026, an important step has been taken towards harmonising the application of the rules governing the prohibition of unfair trading practices between buyers and suppliers.
For the first time, the Guidelines provide a detailed framework of the criteria that the competent authorities will apply when assessing whether a particular business practice constitutes a prohibited unfair trading practice.
Of particular interest is the fact that practices falling within the so-called “grey list” are presumed to be unfair unless the buyer proves otherwise. Once the supplier establishes the likelihood that a particular unfair trading practice has occurred, the burden shifts to the buyer to prove that the statutory conditions for the application of a legal exception have been met. Consequently, the focus of the proceedings is largely shifted to the issues of evidence and compliance with the statutory requirements for the application of such exceptions.
Another noteworthy development is the introduction of the prohibition of commercial retaliation, defined as any form of commercial pressure or adverse treatment directed against a supplier for exercising its contractual or statutory rights. Commercial retaliation includes actions such as removing a supplier’s products from sale, significantly reducing order volumes, and similar measures. To facilitate the reliable determination of such conduct, the Guidelines establish specific criteria for proving the causal link between the supplier’s conduct and the retaliatory measures.
Among other matters, the Guidelines address:
- the return of unsold products;
- charging fees for storage, product display and product listing;
- shifting the costs of promotional and marketing activities to suppliers;
- charging fees for sales data;
- passing monetary penalties on to suppliers;
- charging suppliers for the buyer’s personnel costs;
- significant reductions in order volumes;
- unilateral termination of contracts;
- compensation for reduced turnover;
- set-off arrangements in lieu of monetary payment;
- requesting additional bonuses and other payments after the conclusion of the contract;
- the prohibition of commercial retaliation against suppliers; and
- unilateral amendments to contractual terms.
A particularly significant aspect of the Guidelines is that, for almost every individual practice, they prescribe specific assessment criteria to be considered by the competent authority, including the existence of written consent, transparency of costs, the initiative for requesting additional services, proportionality of the fee, actual costs incurred, causation, timely notification, applicable time limits for action or inaction, and other relevant circumstances.
For companies operating within the supply chain, this means that existing contracts, standard terms and conditions, and commercial arrangements should be reviewed not only for compliance with the statutory provisions, but also in light of the standards established by the Guidelines.
In practice, the extent to which contractual provisions and internal business procedures comply with these standards will often determine whether a particular business practice is regarded as lawful or as an unfair trading practice.
For additional information or consultations, the Tasić & Partners team is at your disposal.