Competition Law

Other areas of expertise:

Although Serbia is in the EU accession process, the practical application of competition law still poses a major challenge for both domestic companies and foreign investors operating in this market. Local regulations and practice are still not fully aligned with the European legal framework, so market participants often operate in an environment of uncertainty with constants change of the regulatory framework. Such an environment brings not only obstacles but also opportunities, for those who can recognize trends and prepare for the arrival of stricter standards that inevitably come with EU integration.

One of the common misconceptions, especially among small and medium-sized market participants, is the belief that competition rules apply exclusively to large industrial giants. In practice, however, even seemingly harmless agreements between smaller firms, such as price agreements, market sharing, or coordination of business terms, can have serious and far-reaching consequences. Violations of competition rules may result in high fines, damage to reputation, and, in extreme cases, prohibition from conducting business activities.

That is why legal support from an expert team is crucial for any company that wishes to operate safely and sustainably in the long term. The Zunic Law team has extensive experience in competition law matters and provides comprehensive, practical, and timely advice. Our work combines academic expertise with practical experience gained across various industries, offering a unique combination of knowledge and effective solutions for clients who want to establish a solid foundation for their business and be prepared for all regulatory challenges ahead.

Why Zunic Law for Competition Law?

Expertise in domestic law – we monitor developments in the Serbian legal framework as well as the latest decisions and practice of the Commission for Protection of Competition in Serbia.
Knowledge of EU law – we apply our understanding of EU regulations, guidelines, and soft law to transfer best practices to domestic clients and anticipate future changes.
Proven track record – our lawyers have extensive experience in merger control proceedings, exemptions from the prohibition of restrictive agreements, and competition infringement cases.
End-to-end support – we provide strategic advice, preventive reviews, representation in proceedings, and compliance with all aspects of competition law.
Personalized approach – every client receives tailored advice and compliance programs adapted to the specifics of their industry and business model.

Our Approach: Advocacy in Line with Market Rules

Our approach to competition law is based on a combination of proactive action and strategic representation. We work preventively with clients to develop compliance policies and programs so that risks are identified and resolved before they grow into problems.

At the same time, we provide strong support in situations involving investigative proceedings, cartel investigations, or suspicions of abuse of dominant position. Our team combines local expertise with knowledge of European trends and practices, providing clients with timely, practical, and sustainable advice.

Key Practice Areas

Compliance with competition law
Merger control and exemptions for restrictive agreements
Investigative proceedings
State aid and subsidies
Distribution and franchise agreements advisory
Antitrust investigations and “dawn raids” support
Competition compliance programs and employee training
Private damages claims for competition infringements
Public procurement and competition

Below are details by area, highlighting concrete results we deliver.

1) Compliance with Competition Law

Review clients’ contracts, business policies, and internal acts to identify potentially restrictive provisions that may raise concerns from the regulator.
Prepare and implement compliance programs, including written policies, procedures, internal manuals, and industry-specific guidelines.
Update policies to reflect developments concerning regulatory framework and legal practice.
Assist clients in resolving daily dilemmas concerning pricing policies, marketing, and distribution, ensuring business stays within legal limits.
Organize trainings and simulations for employees, particularly in sales and procurement sectors, where risks of violations are highest.

Result: the company operates in line with competition rules, reduces inspection risks, and builds a reputation as a responsible market player.

2) Merger Control and Exemptions for Restrictive Agreements

Guide clients through the entire merger control process, from initial filing assessment to documentation preparation and final approval.
Analyze market shares, financial thresholds, and potential transaction effects on competition to identify risks in advance.
Support exemption filings for restrictive agreements when they produce positive effects, such as innovation or consumer benefits as per Consumer Protection Law.
Coordinate procedures in cross-border transactions requiring multiple regulators’ approval.
We help clients avoid delays and ensure transactions are completed on time to optimize their business.

Result: successfully completed mergers and legally secure, sustainable agreements.

3) Investigative Proceedings

Represent market participants in proceedings initiated by the Competition Commission in cases of suspected violations.
Provide strategic advice and develop defense strategies in cartel, price-fixing, market-sharing, or abuse of dominance cases.
We prepare clients for unannounced inspections (“dawn raids”) and provide legal support throughout.
Analyze evidence collected by regulators and build arguments based on EU and domestic practices.
Assist clients in negotiating settlements or remedies to reduce consequences of potential proceedings.

Result: effective protection of clients’ interests, minimized risks of fines, and preservation of business continuity.

4) State Aid and Subsidies

We advise clients on rules governing the granting and use of state aid in Serbia and the EU.
Assist with preparing filings and documentation to ensure approval and lawful use of state aid.
We analyze conditions and potential obligations stemming from subsidies for company establishment or other forms of aid.
Represent clients before authorities if the legality of granted aid is questioned.
We offer advisory services for long-term state-supported projects to avoid repayment risks.

Result: safe and lawful use of state aid, while protecting business and reputation interests.

5) Distribution and Franchise Agreements Advisory

We analyze distribution, franchise, license, and other vertical agreements to detect problematic clauses.
Provide guidance on permitted exclusivity rights, territorial restrictions, and rebate policies.
Draft agreements to make them aligned with domestic and EU rules on vertical arrangements.
We advise clients on protecting business interests without endangering market competition.
Support partner negotiations to ensure transparent and sustainable agreements.

Result: legally secure agreements that enable business expansion and stable partnerships.

6) Antitrust Investigations and “Dawn Raids” Support

We prepare companies for possible unannounced inspections conducted by the Commission for protection of competition.
Develop internal protocols and employee trainings on how to respond in such situations.
We provide immediate legal support during inspections, monitor the process, and protect client rights.
After investigations, we reviewed the materials and propose further strategy.
We assist with communication with authorities to achieve optimal solutions.

Result: reduced risk of procedural errors and strong defense against potential charges.

7) Competition Compliance Programs and Employee Training

We design and implement comprehensive competition compliance programs.
Programs include internal policies, manuals, and procedures for key departments (sales, procurement, management).
We organize practical trainings and workshops with case studies and simulations.
Offer ongoing monitoring and updates in line with law and practice changes.
We help develop an internal compliance culture that reduces risks at all business levels.

Result: employees recognize risks and know how to act, protecting the company from unintentional breaches.

8) Private Damages Claims for Competition Infringements

We represent companies that suffered financial harm due to unlawful agreements or abuse of dominance.
Assist with evidence gathering, economic damage analysis, and legal arguments.
We link legal strategy with economic expertise to prove damages in court.
Represent clients before domestic and international courts.
Support settlement negotiations when in the client’s best interest.

Result: compensation and protection of rights for companies harmed by anticompetitive behavior.

9) Public Procurement and Competition

Advise companies participating in public procurement on competition rules and risks of unlawful agreements.
Review tender documents and conditions to identify possible discriminatory elements.
Represent clients before authorities in procurement-related proceedings.
We help clients develop tender participation strategies in line with law and competition principles.
Advise on EU public procurement rules for cross-border operations.

Result: safe and lawful participation in public procurement, ensuring equal conditions and bidder rights protection.

What Collaboration with Us Looks Like

Initial analysis – we assess the client’s business model and contracts to identify potential risks of competition law breaches.
Strategy definition – we develop compliance, representation, or defense plans depending on the situation (compliance, merger control, proceedings).
Documentation preparation – we draft all necessary filings, compliance programs, or submissions before the Competition Commission.
Representation in proceedings – we represent clients before regulators and courts, as well as in negotiations with other market participants.
Continuous support – we provide ongoing advice and employee training to ensure long-term compliance with competition rules.

Examples of Completed Projects (Non-Confidential)

Merger control – successfully conducted proceedings before the Competition Commission regarding a retail sector acquisition.
Compliance program – developed a comprehensive compliance program for an international pharmaceutical company in line with EU practice.
Proceedings – represented a client in cartel allegations and secured a favorable outcome.
State aid – advised a manufacturing company on filing and using state subsidies in full compliance with regulations.

Tijana Žunić Marić

Frequently Asked Questions (FAQ)

1. Do competition rules apply only to large companies?

No. Competition rules apply to all market participants, regardless of size. Even minor agreements between small firms may be restrictive if they limit the market or consumers.

2. When is merger notification mandatory?

Merger notification is required when transaction participants exceed certain financial thresholds set by the Competition Law.

Our team helps clients assess the need for notification and prepares all necessary documentation.

3. What happens in cases of alleged abuse of dominance?

The company may face proceedings before the Commission, with sanctions including high fines and business restrictions.

Our lawyers represent clients, prepare defenses, and negotiate possible remedies.

4. Is cooperation between competitors allowed?

Competitor cooperation may be allowed in certain circumstances, particularly if it benefits consumers (e.g., innovations, improved product quality).

However, each agreement must be carefully analyzed to avoid classification as a prohibited cartel.

5. How can a company prepare for a “dawn raid”?

The best preparation is establishing clear procedures and employee training.

Our team develops internal protocols and conducts simulations so employees know what to do during unannounced inspections, reducing risks of mistakes and sanctions.