The Rulebook on the Form and Content of an Initiative for the Initiation of Proceedings to Investigate Unfair Trading Practices was published in the Official Gazette of the Republic of Serbia, No. 101/2026. The Rulebook lays down in greater detail the form and content of an initiative submitted to the Commission for the Protection of Competition for the purpose of investigating the existence of unfair trading practices.
The initiative must contain:
The Rulebook stipulates that the initiative must be submitted using the relevant form, which constitutes an integral part of the Rulebook, depending on the identity of the person submitting the initiative.
Form 1 – Initiative for the Initiation of Proceedings to Investigate Unfair Trading Practices is intended for applicants reporting a potentially unfair trading practice. In particular, the initiative must contain:
- Information about the applicant and the buyer against whom the initiative is submitted;
- A specific description of the conduct, factual circumstances or business practice giving rise to the submission of the initiative;
- Records, documents and other evidence supporting the allegations;
- Information regarding the existence and location of other evidence not in the applicant’s possession.
The applicant may also submit any other information and documents considered relevant for deciding whether to initiate proceedings.
It is particularly important that the description of the disputed practice be as specific as possible. The form requires the applicant to specify the circumstances in which the practice occurred, including whether it arose before, during or after negotiations, or during the term of the contractual relationship. The applicant must also indicate whether there is a suspicion of commercial retaliation or a threat of retaliation, such as the removal of products from the range, a reduction in ordered quantities or the suspension of services.
Initiatives submitted by public authorities and inspectors’ obligations
In addition to the form intended for other applicants, the Rulebook also prescribes Form 2 – Initiative by a Public Authority for the Initiation of Proceedings to Investigate Unfair Trading Practices.
This form includes information about the public authority and the buyer against whom the initiative is submitted, the inspection record and a description of the suspected unfair trading practice. The initiative must also identify and include relevant contracts and accompanying annexes, an overview of financial documentation, accounting records and any other information available to the public authority.
The Rulebook specifically stipulates that, where the competent inspector obtains information relating to unfair trading practices during an inspection, the inspector is required to notify the Commission for the Protection of Competition within eight days of the completion of the inspection.
Protection of identity and confidential information
The Rulebook provides for the possibility of protecting the identity of the applicant as confidential information. The Commission is required to decide on such a request without delay by issuing a formal decision.
Where the initiative contains trade secrets or commercially sensitive information, the applicant may also submit a request for the protection of such information, in accordance with the Law on Trading Practices for Certain Types of Products and the Guidelines on Data Protection in Proceedings for the Determination of Unfair Trading Practices.
These mechanisms are particularly relevant for businesses wishing to report potentially unfair business practices while holding commercial information whose disclosure could adversely affect their business interests.
Right to information on the progress of proceedings
The Rulebook also governs the applicant’s right to be informed of the progress of proceedings and to inspect the case file.
An applicant having the status of an interested party within the meaning of the Law on Trading Practices for Certain Types of Products may exercise these rights in accordance with the rules governing general administrative proceedings, without being required to demonstrate a legal interest.
An applicant who does not have the status of an interested party may request information on the progress of proceedings provided that they demonstrate a legal interest. In both cases, an appropriate request must be submitted to the Commission, and an authorised official shall decide whether the request is justified.
Entry into force and application
The Rulebook was published in the Official Gazette of the Republic of Serbia, No. 101/2026, dated 23 October 2026, and enters into force on the eighth day following its publication, i.e. 31 October 2026.
For additional information or consultations, the Tasić & Partners team is at your disposal.