SERBIA Trends and Developments Contributed by: Uroš Popović and Tina Petrić, Drašković Popović & Partners
The Commission’s existing practice indicates that it will continue to monitor the most significant sectors and collect data relevant to competition-related cases. Aligning Serbian Concentration Control with EU Competition Policy The Serbian merger control system largely reflects the core principles of EU competition law. In November 2025, the European Commission issued its Progress Report on the Republic of Serbia. In the section con - cerning competition policy, Serbia was assessed as “moderately prepared” in this area, with limited pro - gress having been made, representing an improve - ment compared to the 2024 Report. The Report further states that the legal framework of the Republic of Serbia is generally aligned with EU standards, thereby providing a solid basis for the protection of competition, and that the Commis - sion’s institutions are operationally independent and adequately equipped to ensure effective competition protection. However, certain gaps remain, which continue to limit the efficiency and effectiveness of merger control pro - cedures. One of the most significant administrative burdens is still the exceptionally low notification thresholds for concentration. Addressing these shortcomings could improve procedural efficiency and economic effec - tiveness by reducing the number of notifications for transactions that are unlikely to have any impact on the local market. Although the Stabilisation and Association Agreement does not explicitly extend to merger control, Serbia’s broader commitment to harmonising its legal frame - work with EU competition rules opens the door for the indirect application of EU principles in this area as well.
This is particularly relevant in light of the European Commission’s Draft Merger Guidelines, published on 30 April 2026 and currently subject to public consul - tation until 26 June 2026. The Draft Merger Guide - lines aim to modernise the Commission’s approach to merger assessment in order to reflect the evolving geopolitical and trade environment, in which industrial scale, global competitiveness, innovation, and invest - ment have become increasingly significant, while sus - tainability and resilience have emerged as relevant competitive parameters. Their objective is to provide a comprehensive, predictable, and durable framework for merger control. Given Serbia’s tendency to interpret harmonised leg - islation in line with EU standards, particularly in areas characterised by legal uncertainty, the outcome of this revision process is likely to influence the future prac - tice of the Serbian Commission and contribute to the modernisation of domestic merger control in accord - ance with emerging European priorities. Although the Serbian Commission is not formally bound by EU competition rules, it is expected to take the revised guidelines into account when assessing future cases, thereby contributing to the development of a more modern and nuanced body of domestic competition law shaped by evolving EU standards. Finally, considering that one of the Serbian Commis - sion’s competencies is to issue guidelines for imple - menting the Law on the Protection of Competition, it would be beneficial to adopt specific guidance addressing key aspects of concentrations, particularly those informed by the revised and updated EU merger guidelines. Such guidance could enhance the imple - mentation of harmonised regulations and support the adoption of solutions aligned with EU best practices. In the long term, this would likely lead to increased economic activity among domestic businesses and a greater inflow of foreign investment.
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