In Serbian competition law, the regime of so-called block exemptions allows certain categories of agreements to be automatically exempted from the prohibition of restrictive agreements, subject to clearly defined conditions. The relevant by-laws regulate this area in a systematic manner through a combination of general and sector-specific rules. This is reflected in the recently adopted regulations in Serbia published in the Official Gazette of the Republic of Serbia, of 20 March 2026, as follows:
- Regulation on categories of vertical agreements exempted from the prohibition of restrictive agreements;
- Regulation on categories of technology transfer agreements exempted from the prohibition of restrictive agreements;
- Regulation on categories of agreements in the rail and road transport sector exempted from the prohibition of restrictive agreements;
- Regulation on categories of vertical agreements in the motor vehicle sector exempted from the prohibition of restrictive agreements.
Which agreements may be exempted:
The new Regulations focus on four key categories:
- vertical agreements (distribution, franchising, etc.);
- technology transfer agreements;
- agreements in the rail and road transport sector;
- vertical agreements in the motor vehicle sector (aftermarket).
The exemption applies to agreements which, although containing certain restrictions of competition, contribute to:
- more efficient distribution, technological development and innovation and rationalisation of business operations and logistics.
However, the application of the exemption is subject to strict conditions, as follows:
- Market share thresholds – up to 30% for vertical agreements (general rule), and 20% (between competitors) / 30% (between non-competitors) for technology transfer agreements.
- Cumulative effects – the exemption does not apply where networks of similar agreements significantly foreclose the market.
- Duration and content – particularly relevant in relation to non-compete clauses and know-how arrangements.
Irrespective of the type of agreement, certain restrictions automatically exclude the application of the exemption, such as:
- fixing of fixed or minimum resale prices;
- market or customer allocation;
- restrictions of passive sales;
- serious limitations on production or innovation.
Sector-specific features
- Motor vehicles: protection of access to spare parts and independent repairers;
- Transport: technical cooperation is permitted, but not price coordination;
- Technology transfer: balancing the protection of innovation with the preservation of competition.
The rules set out in the aforementioned regulations shall apply as of 28 March 2026.
The block exemption regime clearly reflects the direction of modern competition law – allowing cooperation that generates efficiencies, while strictly sanctioning the most serious distortions of competition.
For additional information or consultations, the Tasić & Partners team is at your disposal.