NEW REGULATION ON CATEGORIES OF VERTICAL AGREEMENTS EXEMPT FROM THE PROHIBITION IN THE LIGHT OF THE DEVELOPMENT OF DIGITAL PLATFORMS
NEW REGULATION ON CATEGORIES OF VERTICAL AGREEMENTS EXEMPT FROM THE PROHIBITION IN THE LIGHT OF THE DEVELOPMENT OF DIGITAL PLATFORMS

Author(s): Marija Vranić
Subject(s): Law, Constitution, Jurisprudence
Published by: Institut za uporedno pravo
Keywords: block exemption; vertical agreements; regulation on categories of vertical agreements exempted from the prohibition of vertical agreements; digital platforms; Regulation (EU) 2022/720
Summary/Abstract: The rapid growth of the market of digital platforms and e-commerce has led to the need to adapt domestic regulations in the field of protection of competition to new developments in economic life. In January 2025, the Commission for Protection of Competition directed the Government of the Republic of Serbia to adopt the Proposal for a Regulation on Categories of Vertical Agreements exempted from the prohibition of restrictive agreements, which should replace the current Regulation on agreements between market participants operating at different levels of production or distribution that are exempt from the prohibition. Since new vertical restrictions appear in digital business and are not covered by the current regulation, the Proposal also contains solutions that take them into account. The paper explains what digital platforms are, what role they play in the circulation of goods and the provision of services, and how they affect the competitiveness of market participants. Precisely in the light of the development of the digital platforms, attention is given to the most important novelties that the proposed regulation brings in relation to the current one. Through appropriate examples, it was discussed how the proposed solutions related to new forms of business affect market dynamics, consumer protection and competition protection in general. Finally, bearing in mind that the Proposal also harmonises the domestic legislation with the European Union law, the relationship between the domestic and European act in this area is shown, in the sense of analysed proposed solutions. The conducted analysis leads to the conclusion that, if adopted, the new regulation will represent a positive change in the bylaws in the area of competition protection, and will facilitate and speed up economic life.

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