SERBIA Trends and Developments Contributed by: Uroš Popović and Tina Petrić, Drašković Popović & Partners
lead to the examination of mergers that pose lit - tle or no threat to market competition. The Commission has consistently shown dili - gence in monitoring the development of key eco - nomic sectors. In 2025, it released the “Sectoral Analysis of the State and Conditions of Competi - tion in the Market of Private Healthcare Services in Certain Types of Healthcare Institutions for the Period 2019–2023.” This analysis provides a comprehensive overview of the private health - care services sector and is a valuable source of official information to guide the Commission’s future decisions. It will be used not only in merg - er control cases but also in potential competition infringement proceedings within the sector. The Commission’s current practices suggest that it will continue to closely monitor significant sectors and gather 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 regulations. The legal framework of the Republic of Serbia is generally aligned with EU standards, providing a solid basis for protecting competi - tion. However, certain gaps remain, limiting the efficiency and effectiveness of merger control procedures. One of the most significant administrative bur - dens is still the exceptionally low notification thresholds for concentration. Addressing these shortcomings could improve procedural efficien - cy and economic effectiveness by reducing the number of notifications for transactions that are unlikely to impact the local market.
Although the Stabilization and Association Agreement (SAA) does not explicitly extend to merger control, Serbia’s broader commitment to harmonising its legal framework with EU competition rules also opens the door for the indirect application of EU principles in this area. This is particularly relevant in light of the Euro - pean Commission’s ongoing review of its merger guidelines, which aims to update the framework for assessing the competitive effects of merg - ers to better account for innovation, efficiency, resilience, sustainability, and evolving strategic imperatives. Given Serbia’s tendency to inter - pret aligned legislation in line with EU standards, especially in areas marked by legal uncertainty, the outcomes of this review are likely to influ - ence the future practice of the Serbian Commis - sion, reinforcing consistency and modernising domestic merger control in line with emerging European priorities. Further, the revision of the EU Market Defini - tion Notice in 2024 is particularly important for the development of further Serbian competition case law. This updated notice offers valuable guidance on best practices for defining relevant product and geographic markets under EU com - petition rules. While the Serbian Commission is not officially obligated to adhere to EU regula - tions, it is expected that the revised notice will be taken into account when assessing future cases. This could lead to the establishment of a more modern and nuanced framework for domes - tic competition law, influenced by evolving EU standards. Finally, considering that one of the Serbian Com - mission’s competencies is to issue guidelines for implementing the Law on the Protection of Com - petition, it would be beneficial to adopt specific guidance addressing key aspects of concentra - tions, particularly those informed by the revised
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