On 26 June 2026, the Council of the Serbian Commission for Protection of Competition (the "Commission") published the Instruction further regulating the assessment of unfair trading practices under the Law on Trading Practices for Certain Types of Products (the "Law"). The Instruction has entered into force on 4 July 2026.
The Instruction sets out more detailed guidance on the Commission's assessment of unfair trading practices listed in the so-called "black list" of always prohibited practices and the "grey list" of conditionally prohibited practices, as well as on the absolute prohibition of commercial retaliation. It therefore offers a useful roadmap for companies active in the supply chain.
With respect to black list practices, the Instruction clarifies several recurring issues in buyer–supplier relationships, including payment terms, cancellation of orders, unilateral amendments to contractual terms, payments not related to the sale of products, allocation of responsibility for product loss or deterioration, and handling of consumer complaints. In assessing these issues, the Commission will focus on factors such as timing, prior agreement between the parties, allocation of responsibility and supporting documentation.
The Instruction also elaborates on several supplier-facing fees and promotional arrangements, including listing fees, the allocation of costs for sales incentives, and fees for advertising or promotional activities. In this respect, the Instruction distinguishes between activities initiated by the buyer and those requested or agreed by the supplier and provides that any related fees must be agreed in advance, proportionate, based on actual costs or objective criteria, and linked to a clearly identifiable activity or service.
Under the Law, companies are required to align their supply agreements, general terms and conditions, internal policies, and day-to-day commercial practices with the new regime by 1 September 2026. Overall, the Instruction provides additional guidance to help companies align their supply agreements, general terms and conditions, internal policies, and day-to-day commercial practices with the new regime.
Should you require a more detailed analysis or an assessment of the impact on your business, please do not hesitate to contact us at office@bnb.law.